IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

Civil Revision No. 3443 of 2019

IN THE MATTER OF:

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

And

IN THE MATTER OF:

The Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Chapainawabgonj

--- Defendant-Appellant-Petitioner. -versus-

1(a). Md. Setatur Rahman and others

--- Plaintiff-Respondent-Opposite parties.

Mrs. Kazi Shahanara Yeasmin, DAG with

Mr. Md. Humayun Kabir, AAG

--- For the Defendant-Appellant-petitioner. Mr. Md. Abdur Rouf with

Mst. Suraya Aktar, Advocates

--- For the Plaintiff-Respondent-opposite parties.

Heard on: 23.02.2023 and 05.03.2023. Date of Judgment: 05.03.2023.

At the instance of the present defendant-appellant-petitioner, the Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Chapainawabgonj this revisional application has been filed under section 115(1) of the Code of Civil Procedure and the Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment

and decree dated 23.09.2009 passed by the learned Additional District Judge, Chapainawabgonj in the Title Appeal No. 124 of 2007 dismissing the same and thereby affirming the judgment and decree 01.06.2006 passed by the learned Senior Assistant Judge, Shibgonj, Chapainawabgonj in Other Class Suit No. 145 of 1998 decreeing the suit should not be set aside.

The relevant facts for disposal of this Rule, inter-alia, are that the present opposite parties as the plaintiffs filed the Title Suit No. 145 of 1998 in the Court of the learned Senior Assistant Judge, Shibgonj, Chapainwabgonj claiming that the suit land was originally owned by one Enatullah Mondal who died leaving behind a wife and a son Nesarat Ali alias Jhoru was possessing the suit land. Later on, Nesarat Ali alias Jhoru died leaving behind a wife Nosimon Bibi, 2 sons Fojor Ali and Sajjad Ali who are the plaintiffs of this suit and 2 daughters Saera Khatun and Momeda Khatun. Thereafter, Fojor Ali died leaving behind mother Nosimon Bibi, a wife Jahirunnessa and only son Nojibor Rahman as his heirs. Later on, Nosimon Bibi died leaving behind only son plaintiff of this suit, Md. Sajjad Ali, 2 daughters Saera Khatun, Momeda Khatun and a son’s son Nojibor Rahman. The plaintiff got the suit land by way of an amicable family partition among the aforesaid heirs and S. A. Khatian No. 362 was rightly prepared and published in the name of the plaintiffs and R. S. Khatian also prepared in the names of the plaintiffs. The plaintiffs paid the rent until 1998. However, in the year of 1998 when the plaintiff went to Tahshil Office to pay the rent but he was refused to accept the same for the reason of that the suit property has been recorded in the name of the Government in the R. S. Khatian, thus, he was compelled to filed the suit. The defendant, the Government of Bangladesh contested the suit by filing a written statement contending, inter alia, that the suit land described in the schedule of the plaint measuring 3 decimals of land described as the residential housing property and the property has been vested upon the Government and an access land, as such, R. S. Record was rightly and correctly prepared and published. Eventually, the S. A. Record was erroneously prepared and published, as such, the plaintiff does not any have right upon the suit land.

The learned Senior Assistant Judge, Shibgonj, Chapai Nawabgonj heard the learned Advocates for the respective parties and concluded to decree the suit by his judgment and decree dated 01.06.2006. Being aggrieved the defendant-Government preferred the Title Appeal No. 124 of 2007 in the court of the learned District Judge, Chapai Nawabgonj which was subsequently heard by the learned Additional District Judge, Chapai Nawabgonj who after hearing the parties dismissed the appeal by affirming th