Present:

Mr. Justice Sheikh Abdul Awal

and

Mr. Justice Md. Mansur Alam

First Appeal No. 381 of 2009

In the Matter of:

Memorandum of appeal from the original decree.

-and-

In the Matter of:

Mossammat Maleka Begum and others.

.....Defendant-appellants.

-Versus-

Most. Jarina Begum and others

...Plaintiff-respondents.

Mr. S.M. Obaidul Haque, Advocate

……. For the appellants. Mr. Md. Sajjad Ali Chowdhury, Advocate with Mr. Md. Fazla Rabby, Advocate

......For the respondent Nos. 1 and 2

Heard on 07.11.2024 and 14.11.2024 and Judgment on 27.11.2024.

Sheikh Abdul Awal, J:

This first appeal at the instance of the defendant-appellants is directed against the judgment and decree dated 28.10.2009 (decree signed on 02.11.2009) passed by the learned Joint District Judge, 1st. Court, Rangpur in Other Class Suit No. 10 of 2002 decreeing the suit.

Material facts of the case, briefly, are that respondents as plaintiffs filed Other Class Suit No. 10 of 2002 in the Court of learned Joint District Judge, 1st Court, Rangpur for declaration of

title and partition of .58 acre land out of 1.17 acre land as

described in the "Ka" schedule to the plaint. The plaintiff- r