IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

CIVIL REVISION NO. 23 OF 2016

IN THE MATTER OF:

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

-And-

IN THE MATTER OF:

Sayed Suleman Hasan and another

--- Plaintiff- Respondent- Petitioners (Petitioner No. 2 now deceased and substituted).

-Versus-

Mushammat Nurunnessa Begum and others

---Defendant-Appellant-Opposite Parties.

Mr. Surojit Bhattacharjee with

Ms. Farhana Siraj Ronnie and

Mr. Monishankar Sarkar, Advocates

--- For the Petitioners. Mr. Nirmalendu Deb with

Mrs. Sharmin Rubayat Islam, Advocates

---For the Opposite Parties.

Heard on: 14.08.2022, 24.08.2022, 01.12.2022, 04.12.2022 and 27.02.2023. Judgment on: 28.03.2023.

At the instance of the present plaintiff-respondent- petitioners, Sayed Suleman Hasan and another {Petitioner No. 2, namely, Sayed Abu Daud being dead his legal heirs: 2(a)-2(f)}, this Rule was issued upon a revisional application filed under section 115(1) of the Code of Civil Procedure calling upon the

opposite party Nos. 1-3 to show cause as to why the impugned judgment and decree dated 08.11.2015 passed by the learned Joint District Judge, Additional Court, Sylhet in the Title Appeal No. 71 of 2005 by allowing the appeal and thereby reversing the judgment dated 31.03.2005 passed by the learned Senior Assistant Judge, Sadar, Sylhet in the Title Suit No. 37 of 2004 by decreeing the title suit should not be set aside.

The relevant and important facts for disposal of this Rule, inter-alia, are that the petitioners as the plaintiffs filed the Title Suit No. 37 of 2004 in the court of the learned Senior Assistant Judge, Sadar, Sylhet against the opposite parties for declaration of title, confirmation of possession, permanent injunction and for declaration of the gift deeds dated 31.03.19977 and 11.03.1977 as the illegal and collusive, therefore, not binding upon the plaintiffs. The plaint contains that Rahima Banu and Mahirunnessa Khatoon were the original owners by way of successions. Rahima died leaving behind her daughter Abirunnessa alias Amirunnessa as her legal heir and Mahirunnessa died leaving behind her sons Abdul Malique and Abdul Rouf as her legal heirs who sold the land to one Shamsul Haque by a sale deed dated 02.02.1968. The said Abirunnessa and Shamsul Haque transferred the land measuring .075 acres of land to the plaintiff No. 1 by the sale deed being No. 1678/68 and handed over the possession and the plaintiff No. 1 constructed dwelling house thereof. The said Amirunnessa and Shamsul Haque again transferred the remaining land measuring .075 acres of land to one Abdul Rouf by the sale deed being No. 1679/60 and the said Abdul Rouf sold the land measuring .0375 acres of land out of his purchased land to one Abdur Rab by the sale deed being No. 9546/69 dated 26.06.1969. Thereafter, Abdur Rab transferred the same land to the plaintiff No. 1 by a sale deed No. 4871/73 dated 06.02.1973 and delivered the possession. The said Abdur Rouf transferred his remaining land measuring .0375 acres to Md. Manir Uddin by a sale deed dated 03.12.1985 and he transferred the same land to one Khijir Ahmed by a sale deed dated 09.08.1987. The plaintiff No. 1 transferred .0375 acres of land out of .1125 acres of land to his daughter’s husband, namely, Khijir Ahmed by a sale deed dated 02.09.1987. The defendant No. 1 remained in possession of .0750 acres of land the said Khijir Ahmed transferred .0750 acres of land to the plaintiff No. 2 by the registered deed being No. 15787/99 dated 27.12.1999 and possession was handed over to

The present opposite party Nos. 1-3 as the defendants contested the suit by filing a written statement contending, inter alia, that the suit land was originally belonged to the plaintiff No. 1 and when he was in possession he transferred the same land to his brother, the predecessor of the defendant Nos. 1-3. Sayed Shafiqul Ha