IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

CIVIL REVISION NO. 2686 OF 2004

IN THE MATTER OF:

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

-And-

IN THE MATTER OF:

Sree Rabindra Nath Mandal and other {(Petitioner No. 2, died leaving behind his legal heirs: 2(a)-2(d)}

--- Defendant-Respondent-Petitioners. -Versus-

Jatindra Nath died leaving behind his legal heirs and others

--- Plaintiff-Appellant-Opposite Parties. Mr. Md. Abdur Rouf, Advocate

--- For the Defendant-Respondent-Petitioners. Mr. Prabir Halder, Advocate

---For the Plaintiff-Appellant-Opposite Parties.

Heard on: 19.07.2023, 24.07.2023, 01.08.2023, 03.08.2023, 07.08.2023 and 09.08.2023.

Judgment on: 09.08.2023.

At the instance of the present defendant-respondent- petitioners, Sree Rabindra Nath Mandal and others (petitioner No. 2 deceased and substituted), 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(Ka), 1(Kha), 1(Ga), 1(Uma), 2, 3, 4, 5, 7 and 10 to show cause as to

why the judgment and decree dated 11.07.2004 passed by the learned Additional District Judge, Court No. 2, Satkhira in the Title Appeal No. 133 of 2000 reversing the judgment and decree dated 03.04.2000 passed by the learned Assistant Judge, Kaliganj, Satkhira in the Title Suit No. 78 of 1992 should not be set aside.

The relevant facts for disposal of this Rule, inter-alia, are that the present opposite party, namely, Jatindra Nath being dead his legal heirs: 1(Ka)-1(Ja) and others as the plaintiffs filed the Title Suit No. 78 of 1992 in the court of the learned Assistant Judge, Kaliganj, Satkhira praying for declaration of title of the case land and confirmation of possession along with a prayer for a declaration of the certificate proceeding and the auction thereof are collusive and fraudulent. The plaint contains that the land measuring 1.55 acres out of the total land measuring 5.62 acres of C. S. Khatian No. 50, S. A. Khatian No. 41 at Mouza- Dariala, Police Station- Kaliganj, District- Satkhira described in the schedule of the plaint more precise originally belonged to Shyam Charan, Purna Charan and Sarada Charan in equal shares who purchased total land measuring 1.87 acres. Sharada Charan sold the land by a registered deed dated 25.09.1943 as a Benami of Sailendra Nath to avoid Income Tax intentionally. After registration of the said original sale deed in Benami's share which was kept under his own custody and the vendee, namely, Ponchanon. In the meantime, Sarada Charan got the possession of the suit land. The plain reading of the deed it would be clearly stated as the Benami in the name of the above 3 brothers. The above-mentioned purchasers all are dead leaving behind plaintiff Nos. 1-3. Kalicharan died leaving behind the plaintiff No. 7 and the defendant Nos. 4-5 who went to India. However, Sailendra Nath died leaving behind defendant No. 6 as his only son as an owner. From which they were owned and possessed with the family arrangement with the defendant Nos. 1 and 7 by a Certificate Case No. 2300 of 86-87 was created/started in the year of 1943 in Benami of Sailendra Nath by the relation to avoid Income Tax. Ponchanon kept the Kabala in his custody by obtaining it from the sub-registry office. They remained in possession of the case land from Sarada Charan and had been possessing the same. Ponchanon died leaving behind plaintiff Nos. 1-3 as sons and Kalicharan died leaving behind plaintiff No. 7 and defendant Nos. 4-5. Sailendra Nath died leaving behind defendant No. 6. Thereafter, the land was recorded in their

The present petitioners as the defendant Nos. 2, 5 and 8 contested the suit by filing a written statement contending, inter alia, that Sailendra Nath purch