IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Zafar Ahmed

Civil Revision No. 4123 of 2000

Sree Sunil Kumar Dev

........ Plaintiff-petitioner -Versus-

Sreemati Parul Rani Chowdhury being dead her heirs Ashish Kumar Chowdhury alias Chandu and others

.... Defendant-opposite parties

Mr. Md. Ziaul Haque, Advocate

........ For the plaintiff-petitioner Mr. Rafiqul Islam Sohel, Advocate

... For the defendant-opposite parties

Heard on: 24.10.204, 20.11.2024, 21.11.2024 and 01.12.2024

Judgment on: 02.12.2024

The plaintiff is Sree Sunil Kumar Dev. The defendant No. 1 is Sreemati Parul Rani Chowdhury (since deceased).

The plaintiff filed the suit for declaration of title in respect of land measuring 66 decimals (part of which is vested and non-resident property) appertaining to R.S. Khatian Nos. 604 and 1006/2, Plot Nos. 306, 307, 296, 297, 299 and 301 of mouza Dhorola, P.S. Boalkhali, District-Chattogram and to evict the defendant No. 1 from the suit land and to restore the possession of the same to the plaintiff. The plaintiff further prayed for a declaration that the registered

compromise deed dated 06.05.1977 (ext. 9) (the actual date of compromise deed is 07.05.1977) in respect of the said 66 decimals of land entered into between the plaintiff and the defendant No. 1 Parul Rani is void and not binding upon the plaintiff.

The case has a long history. In the first round, the plaintiff filed Other Suit No. 79 of 1980 in the Court of the then First Munsif, Patia, Chattogram. The suit was decreed on 29.03.1984. The appellate Court below set aside the decree on 05.06.1990 and sent back the case on remand to the trial Court. In the second round, the suit was renumbered as Other Suit No. 69 of 1983. On remand, the trial Court i.e. Assistant Judge, Boalkhali, Chattogram heard the parties again and some documents were tendered in evidence by the parties. This time, the suit was dismissed on contest against the defendant Nos. 1 and 5-6 on 31.07.1991 (decree signed on 06.08.1991). Other Appeal No. 6 of 1992 filed by the plaintiff was also dismissed on 13.03.2000 by the learned Additional District Judge, Chattogram. The plaintiff preferred Civil Revision No. 4123 of 2000. The Rule was made absolute by the High Court Division on 08.09.2015. Meanwhile, the defendant No. 1 died. Her legal heirs and others preferred Civil Petition For Leave To Appeal No. 1788 of 2016. The apex Court by judgment and order dated 08.10.2017 set aside the judgment and order of the High Court Division, sent back the revision to this Division for hearing afresh for disposal in accordance with law considering the evidence on record. In the third round, this Court heard the Civil Revision afresh.

The case of the plaintiff, in short, is that the suit land i.e. 66 decimals of land and other lands were owned by Mohendra, Monindra (defendant No. 2), Sha