Present:

Mr. Justice Sheikh Abdul Awal

and

Mr. Justice Md. Mansur Alam

First Appeal No. 349 of 2003

In the Matter of:

Alhaj Mohammed Ali Hossain

.....Plaintiff-appellant.

-Versus-

Syed Md. Ishaq and others

...Defendant-respondents.

Mr. Md. Zakir Hossain Ripon, Advocate

……. For the appellant. Mr. Sk. Zulfiqur Bulbul Chowdhury, Advocate.

.......For the respondents.

Heard on 28.10.2024, 04.11.2024, 11.11.2024, 12.11.2024 and Judgment on 14.11.2024.

Sheikh Abdul Awal, J:

This appeal at the instance of the plaintiff-appellant is directed against the judgment and decree dated 07.04.2003 (decree signed on 13.04.2003) passed by the learned Joint District Judge, 1st Court, Chattogram in Other Class Suit No. 60 of 2000 dismissing the suit.

The short fact relevant for disposal of this appeal is that the appellant as plaintiff instituted Other Class Suit No. 60 of 2000 in the Court of the learned Joint District Judge, 1st Court, Chattogram praying a decree declaring the plaintiff is the owner of the Schedule-1 (kha) property and the property as described in Schedule-1 (kha) recorded in the sole name of the predecessor of the principle defendants Syed Abdul Halim is incorrect and

erroneous and the plaintiff-appellant as sole authority is entitled to get compensation. The plaint case in brief is that the suit Schedule-1 land was originally belonged to Ebadullah and accordingly R.S. Plot No. 608, 3632, 3633, 3634 of R.S. Khatian No. 151 of Mouza Bakalia, Chattogram was recorded in his name; that the said Ebadullah sold out 80 decimals suit land to Abul Khair by registered Deed No. 3615 dated 01.09.1939; that the said Abul Khair sold out the said 80 decimals land to the Plaintiff by deed Nos. 4273, 4299, 4347, 4382, 4425 and 4480 dated 18.06.73, 20.06.73, 22.06.73 and 23.06.73 respectively; that the suit Schedule-1(ka) property acquisitioned in LA Case 5/98-99 and the Plaintiff received the compensation of the suit Schedule-1(ka) property; that the plaintiff has been in possession of the suit Schedule-1(kha) property; that on 15.11.99 the Plaintiff came to know that the property as described in Schedule-1(kha) was wrongly recorded in the name of Syed Abdul Halim, the predecessor of principal Defendant- Respondents in S.A and R.S Khatian. Later on the plaintiff came to know that the suit Schedule-1(kha) property acquisitioned in LA Case No. 5/98-99 and the principal defendants applied for receiving compensation of said acquisitioned property on false statements based on wrongly recorded B.S. Khatian in the name of their predecessor. Hence, the suit.

Defendant No.2 entered appearance in the suit by filing written statement denying all the material allegations made in the plaint contending, inter-alia, that the total land of suit plot is 3.21 acres as per R.S. Khatian No. 151 of which 2.49 decimals of plot No. 608 and 0.17 decimals of plot No. 3632, 0.19

decimals of plot No. 3634 and 0.36 decimals of plot No. 3633 was belonged to Ebadullah and R.S. Khatian was recorded in his name accordingly; that out of those land the said Ebadullah sold 1.605 acres land by deed No. 1727 dated 13.03.1941 to Md. Amir Ali Chowdhury; that the said Md. Amir Ali Chowdhury sold out the said 1.605 acres land to Abdul Halim Sawdagor (Syed Abdul Halim) by registered deed No. 2786 dated 09.08.1946; that the said purchaser Syed Abdul Halim being acquired title in the said land and having possessed by paying land rent to the National Exchequer and corresponding P.S. and B.S Khatian correctly recorded in his name; that said Syed Abdul Halim died on 01.01.1988 leaving behind his wife Hazera Khatun, 09 sons Syed Abu Mohammad Shafi, Syed Nurul Huda, Syed Abu Mohammad Hossain, Syed Md. Ismail, Syed Md. Idris, Syed Md. Yusuf, Syed Md. Yunus, Syed Md. Ishaque, Syed Md. Yakub and 02 daughters Syeda Rawshan Ara Begum and Respondent No. 2 Syeda Meh