IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(Civil Appellate Jurisdiction)

First Appeal No. 418 of 2015 In the matter of:

The United States Missionary Board represented by Mr. Reverend Tapan Kumar Borman

... Plaintiff-Appellant

-Versus-

Md. Abdus Salam (Shahjahan) and others

…Defendants-Respondents

Mr. Md. Aminul Islam, Advocate

…For the appellant Mr. Md. Nazmul Huda with

Ms. Keya Sen, Advocates

....For the respondent no.2

Heard on 11.12.2024 Judgment on 12.12.2024

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Md. Bashir Ullah

Md. Bashir Ullah, J.

At the instance of the plaintiff in Other Class Suit No. 36 of 2013, this appeal is directed against the judgment and decree dated 13.07.2015 passed by the learned Joint District Judge, Second Court, Lalmonirhat dismissing the suit on contest against the defendant no. 2 and ex parte against the rest.

The salient facts in preferring the instant appeal are:

The present appellant as plaintiff filed the aforesaid suit seeking the following reliefs:

L) e¡¢mn£ pÇf¢š h¡hc 2ew ¢hh¡c£ LaѪL 1 ew ¢hh¡c£ hl¡hl Na 2- 5-13 Cw a¡¢l−M pÇf¡¢ca Hhw 2213/13 eð−l 7ew ®j¡L¡−hm¡ ¢hh¡c£l A¢g−p ®l¢S¢øÌL«a c¢mmM¡¢e ®h-BCe£, ®hc¡s¡, ®k¡Np¡Sp£, a’L£, fÐa¡lZ¡j§mL HM¢au¡l¢hq£e, BCeax j§mÉq£e, fÐQ¢ma BC−el f¢lf¢¿Û Hhw h¡c£f−rl Efl h¡dÉLl e−q fÐQ¡−ll ®O¡oe¡u Hhw Eš² c¢mm M¡¢e h¡¢a−ml ¢Xœ²£ ¢c−a;

13. Eš² l¡−ul L¢f 7 ew ¢hh¡c£ p¡h ®l¢SøÌ¡−ll L¡kÑ¡m−u ®fÐlZ Llax

Eš² c¢m−ml i¢mEj ab¡ ®l¢SøÌ¡−l ¢h‘ Bc¡m−al l¡u

J ¢Xœ²£l ¢hou ®e¡V BL¡−l ¢m¢fh−Ül B−cn ¢c−a;

14. ®j¡LŸj¡l k¡ha£u MlQ¡l ¢Xœ²£ ¢c−a;
15. BCe J CL¥C¢V j−a h¡c£ Afl ®k ®L¡e fÐL¡−l f¢lh¢aÑa, f¢lh¢ÜÑa, pw−n¡¢da J pw−k¡¢Sa fТaL¡l f¡C−a f¡−le a¡q¡lJ ¢Xœ²£ ¢c−a ¢h‘ eÉ¡u Bc¡m−al B‘¡ quz

The said suit was filed praying for cancellation of registered deed

no. 2213/13 dated 02.05.2013 in respect of the suit land so have been mentioned in schedule-‘A’ to the plaint measuring an area of 6 decimals

of land. In the plaint it is stated inter alia that the United States Missionary Board that is Global Mission of Church of God Ministries Anderson, Indiana, USA appointed, authorised and empowered the

plaintiff to operate the administration and financial management of the Administrative Council of the Church of God Lalmonirhat, Bangladesh as Secretary- Treasurer for 03(three) years on 01.04.2000. Subsequently, on 19.04.2006 he was appointed Secretary-Treasurer for further 03(three)

years. Thereafter, again he was appointed Secretary-Treasurer on 26.04.2011 by the Regional Coordinator Asia and Pacific region for

Global Mission of Church of God Ministries, Anderson, Indiana, USA.

Since then he has been operating the Administration, Financial Management and supervising the assets and property of the Church of God. It is further stated that one Yakub Ali Sheikh sold out 1.42 acres of land under District-Lalmonirhat, Mouza-Khordasaptana, C.S Khatian No. 25 to the United States Missionary Board represented by R. H. Clerk on 23.02.1939 vide deed no. 892. Subsequently, the land was recorded in the name of the United States Missionary Board represented by R. H. Clerk under S.A. Khatian No. 44. On the other hand, defendant no.1 is a permanent resident of the area and defendant nos. 2-6 are the members and voters of the Church of God, Lalmonirhat. Defendant nos. 2-6 are the members of Church Council but they are not the members of Administrative Council of Global Mission of Church of God Ministries, Anderson, Indiana, USA. The tenure of the Church Council expired in 2011 so an ad-hoc committee was formed. The ad-hoc committee generally organises elect