IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice S M Kuddus Zaman

CIVIL REVISION NO.2383 OF 2021

In the matter of:

An application under Section 115(1) of the Code of Civil Procedure.

And

Md. Mojibur Rahman Howlader @ Md. Ruhul Amin Howlader and others

... Petitioners

-Versus-

Joinal Bepari @ Sheikh and others

... Opposite parties

Mr. Garib Newaz with

Mr. Mohammad Abdul Khaleque, Advocates

…For the petitioners.

Mr. Md. Mahadi Hassan, Advocate

… For the opposite party Nos.1-3.

Heard on 06.11.024 and Judgment on 20.11.2024.

On an application under Section 115(1) of the Code of Civil Procedure this Rule was issued calling upon the opposite party Nos.1-7 to show cause as to why the judgment and decree dated 24.08.2021 passed by the learned Additional District Judge, Madaripur in Title Appeal No.137 of 2014 allowing the appeal upon reversing the judgment and decree dated 31.08.2014 passed by the learned Senior Assistant Judge, Madaripur, Madaripur Sadar, Madaripur in Title Suit No.156 of 2004 dismissing the suit should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper.

Facts in short are that opposite parties as plaintiffs instituted above suit for a decree of partition seeking a separate saham for 52 decimal land out of 1.44 acre of S.A. Khatian No.21.

It was alleged that above property belonged to Deraj Uddin and his three sisters namely Saju Bibi, Maju Bibi and Boru Bibi. Deraj Uddin got 57 decimal land and his each sister got 29 decimal land. Above Deraj Uddin transferred 16 decimal land to Reaz Uddin. Plaintiffs are in possession in 52 decimal land by way of inheritance and purchase.

Defendant Nos.1-11 contested the suit by filing a joint written statement alleging that 2.98 acre land including the disputed land belonged to Jahir Uddin and C.S. Katian No.14 was correctly recorded. Jahir Uddin died leaving 2 sons Ansar Uddin and plaintiffs predecessor Deraj Uddin and 3 daughters Boru Bibi, Maju Bibi and Saju Bibi and by amicable partition land of R.S katian No.24 was possessed by Deraj Uddin and above three sisters. Above Deraj Uddin transferred 73 decimal land to the predecessor of the defendant namely Rafiz Uddin by registered kabala deed dated 21.09.1948. The heirs of above Maju and Saju transferred 14 decimal land to the predecessor of the defendant by registered kabala deed dated 07.02.1949. Thus the defendants are owning and possessing 92 decimal land and above land was correctly recorded in their names in the relevant R.S. and S.A. khatians. The defendants further claim that they also purchased 5 decimal land orally from Deraj Uddin and above land was correctly recorded in the names of the defendants in the relevant R.S. and S.A. khatians.

At trial plaintiffs examined 4 witnesses and defendants examined 3. Documents of the plaintiff were marked as Exhibit No.1 series and 2 and those of the defendants were marked as Exhibit Nos.Ka, Kha, Ga, Gha, Uma, Cha and Chaa series respectively.

On consideration of facts and circumstances of the case and evidence on record the learned Senior Assistant Judge dismissed the suit.

Being aggrieved by above judgment and decree of the trial Court plaintiffs preferred Title Appeal No.137 of 2014 to the District Judge, Madaripur which was heard by the learned Additional District Judge who allowed the appeal set aside the judgment and decree of the trial court and decreed the suit.

Being aggrieved by and dissatisfied with the above judgment and decree of the Court of Appeal below respondents as petitioners moved to this court and obtained this Rule.

Mr. Garib Newaz, learned Advocate of the petitioner submits that the plaintiffs have claimed that disputed land belonged to Deraj Uddin and his three sisters Saju Bibi, Maju Bibi and Boru Bibi but they did not mention the source of their title. The