Present:

Mr. Justice Sheikh Abdul Awal

and

Mr. Justice Md. Mansur Alam First Appeal No. 46 of 2022

In the Matter of:

Memorandum of appeal from the original decree.

-and-

In the Matter of:

Government of the People’s Republic of

Bangladesh on behalf of land Reforms Board,

Ministry of Land, Bhawal Raj Estate represented by its Manager.

.....Defendant-appellant.

-Versus-

Jamina Khatun and others

...Plaintiff-respondents.

Md. Tassadder Raihan Khan, Advocate

……. For the appellant.

Mr. Md. Khalilur Rahman, Advocate with Mr. Md. Rashidul Karim, Advocate

......For the respondent No. 1. Mr. Md. Yousuf Ali, D.A.G. with

Ms. Kamrunnahar Lipi, A.A.G with

Mr. Golam Akter Zakir, A.A.G with

Ms. Israt Zahan, A.A.G.

…………For the Proforma Respondents

Heard on 12.11.2024 and Judgment on 17.12.2024. Sheikh Abdul Awal, J:

This First Appeal is directed against the judgment and decree dated 10.07.2019 (decree signed on 18.07.2019) passed by the learned Joint District Judge, 4th Court, Dhaka in Title Suit No. 392 of 2016 decrecing the suit.

Material facts relevant for disposal of the appeal, briefly, are that the respondent No. 1, Jamina Khatun as plaintiff filed Title Suit No. 392 of 2016 in the court of the learned Joint District Judge, 4th Court, Dhaka impleading the defendant-appellants for declaration of title to the effect that the Plaintiff is owner in the 'ka' schedule 0.30 acre suit property and also for further declaration that kha' schedule Dhaka City Jarip khatian prepared and published in the names of Defendant Nos. 1-4 is wrong and baseless and as such, the same is not binding upon the Plaintiff. The plaintiff’s case in short is that one Kalim Uddin was the C.S recorded tenant in respect of 0.75 acre agricultural land including the 'ka' schedule 0.30 acre land under the Zamindar Kumar Rabindra Narayan Roy Chowdhury and his name was recorded in C.S khatian No. 192 (Ext. 1), who died leaving behind his only son Md. Tarikullah, who became owner of the said 0.75 acre land by way of successor; that at the time of preparation and publication of the next S.A record of right his name was duly recorded as owner in possession of that 0.75 acre land in S.A khatian No. 120 citing 0.59 acre land in S.A plot No. 54 and 0.16 acre land in S.A plot No. 122 (Ext. 2); that said S.A recorded owner Md. Tarikullah firstly transferred 0.10 acre land on 30.01.1970 by registered sale deed No.1719 (Ext. 5) and thereafter also sold 0.20 acre land to late Noor Akter khatun on 02.04.1974 by sale deed No. 9675 (Ext. 6) and also gave delivery of possession of those transferred land to said late Noor Akter Khatun, the mother of the Plaintiff, Jamina Khatun and in this way Noor Akter Khatun the mother of the Plaintiff became owner in possession of (0.10+ 0.20) 0.30 acre land by purchase from S.A recorded owner Md. Tarikullah and she had been owning and possessing her said purchased (0.10+ 0.20) = 0.30 acre land by erecting tinshed houses therein; that at the time of preparation and publication of R.S record of right 0.10 acre land out of 0.30 acre suit land was duly recorded in R.S khatian No. 288 in her name (Ext.3-kha) and the balance 0.20 acre land was recorded in the name of her Vendor, Md. Tarikullah (Ext.3-ka); that while lat