IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Zafar Ahmed

Civil Revision No. 2631 of 2022

Mst. Sakina Khatun

....Petitioner -Versus-

The State

….Opposite party

Mr. Suprokash Datta Amit, with

Mr. Sayed Mehefuz Islam, Advocates

….For the petitioner Ms. Shahida Khatoon, with

Mr. Sovan Mahmud, and

Ms. Khandaker Asma Hamid, AAGs

....For the opposite party

Heard on: 31.10.2024 Judgment on: 11.12.2024

Title Suit No. 75 of 2016 was decreed on 13.02.2020 (decree signed on 16.02.2020) by the learned Senior Assistant Judge, Meherpur Sadar, Meherpur. Title Appeal No. 22 of 2020 was allowed on 26.04.2022 and the suit was dismissed. Thereafter, the sole plaintiff filed the instant revision and obtained Rule on 26.06.2022.

The plaintiff filed the title suit for declaration of title in the land described in ‘kha’ schedule of the plaint measuring 2 decimals of land which was recorded in S.A. khatian No. 731, S.A. Plot No. 2582 and subsequently recorded in R.S. khatian No. 1, R.S. Plot No. 6702 as

khas land. A home is situated on the suit land. The Government represented by the Deputy Commissioner, Meherpur is the sole defendant.

The averments made in the plaint, in short, is that Monindra Kumar Haldar was the owner of the suit land and other lands. He had left the country for India. Sakina Khatun (sole plaintiff), Sahadat Ali and Momezan Bibi had left India for the then East Pakistan and came to Meherpur. Both sides decided to exchange their respective properties situated in the then East Pakistan and India. They executed separate deeds of power of attorney. At that time there were too many obstacles to execute and register any exchange deed. Nonetheless, Sahadat and others submitted an application before the Deputy Commissioner, Kushtia praying for registration of the property they had obtained by the way of exchange. Accordingly, the Settlement Case No. 226/A/67-68 was initiated. Sahadat and others submitted an application to the Additional Deputy Commissioner (Revenue), Kushtia. He executed the deed No. 9421 dated 10.12.1979 (ext. 5) in favour of Sahadat and others. Thus, Sahadat and others got title and possession in the suit land and other lands. On the same day, Sahadat Ali and Momezan Nesa transferred 8 decimals of land including the suit land to the plaintiff by executing a registered heba deed No. 9432 dated 10.12.1979 (ext. 4). On 02.08.2015, the plaintiff came to know that the suit land was wrongly recorded in the R.S. khatian No. 1 as khas land in the name of the Government and hence, the suit for declaration of title.

The defendant (Government) contested the suit by filing written statements denying the case of the plaintiff. The case of the defendant is that 2 decimals of land appertaining to C.S. khatian No. 567, C.S. plot No. 2582 was recorded in the name of Zamiruddin and others. S.A. khatian No. 731 was prepared in the name of Monindra Kumar Haldar. During the R.S. survey, the land of the former plot No. 2582 was converted to R.S. plot No. 6702 and the suit land and other lands total 80.8159 acres of land were recorded in R.S. Khatian No. 1 in the name of the Government. The plaintiff has no title or possession in the suit land. The plaintiff has filed the suit by creating fake documents with the intention of grabbing the government property.

The trial Court decreed the suit. The appellate Court below reversed the judgment and decree of the trial Court and dismissed the suit observing, inter alia:

“The boundaries and location of disputed 0.02 of acre suit

land is not specifically mentioned in the ‘Kha’ schedule. According to order VII rule 3 of Code of Civil Procedure, the boundaries and location as well as the specification of suit land is essential in a suit for declaration of title.

Plaintiff is claiming title on the basis of deed no. 9421

dated 10.12.1979 and stated that the