Present:

Mr. Justice Sheikh Abdul Awal

and

Mr. Justice Md. Mansur Alam

First Appeal No.70 of 2019

In the Matter of:

Memorandum of appeal from original decree.

In the Matter of:

The Government of Bangladesh, represented by the Deputy Commissioner, Sirajgonj and others ....Defendant-appellants.

-Versus-

Md. Abdul Latif Pramanik

....Plaintiff-respondent. Mr. Md. Yousuf Ali, D.A.G.

.... For the appellants. Mr. A. Y. Moshiuzzaman, Advocate

....For the respondent.

Heard on: 25.11.2024 and 02.12.2024. Judgment on: 10.12.2024.

Md. Mansur Alam, J:

This appeal is directed against the judgment and decree dated on 07.11.2017 (decree signed on 13.11.2017) passed by the learned Joint District Judge, 2nd Court, Sirajgonj in Other Class Suit no. 18 of 2016.

The facts relevant for disposal of this appeal, in brief, are that the plaintiff-respondent filed Other Class Suit No. 18 of 2016 in the Court of learned Joint District Judge, 2nd Court, Sirajgonj, impleading the defendant-appellant for the prayer of declaration of right, title and possession over the suit land. The scheduled land measuring 125.06 acre is originally belonged to Wazed Ali Khan Ponni. The predecessor of the plaintiff Daud Ali purchased .24 decimal from the scheduled land by way

of an Auction Case no. 2360 of 1957-58 and got possession over the suit land. But the S.A. Khatian is wrongly prepared in the name of Government. Thereafter Daud Ali gifted the suit land by way of a unregistered deed on 12.10.1970 to the plaintiff. The plaintiff thereafter transferred some portion of the suit land by way of kabala deeds to the people whom the R.S. record is duly prepared for but the R.S. record for the suit land is wrongly prepared in the name of the Government in khas khatian. The plaintiff being present at Tahshil office for the payment of rent on 20.12.2015 became aware about the R.S. khatian no. 1 that is wrongly prepared in the name of the government. Hence the plaintiff brought this case praying for declaration of right, title over the suit land.

Defendant-appellants entered into the suit filing written statement denying all the materials allegations made in the plaint contending inter alia, that there is no cause of action for filing the suit, and this case is not maintainable in its present form and manner, learned Joint District Judge without considering the facts and circumstances, evidences and the provisions of law most illegally decreed the suit. So the suit was liable to be dismissed and this appeal is worthy to be allowed.

The learned Joint District Judge upon considering the pleadings of both the parties framed the following issues:

1. Whether the suit is maintainable in its present form and manner?
2. Whether the suit is barred by limitation?
3. Whether the suit suffers from defect of parties?

4. Whether the plaintiff has right, title and possession over the suit land?
5. Whether the plaintiff is entitled to get relief as prayed for?

At the trial the plaintiff examined 3 witnesses and the defendant examined 1 witness. Plaintiff submitted some documents Exhibited as ‘1’ to ‘6’ and the defendant submitted their documents Exhibited as ‘Ka’ to ‘Uma’.

The learned trial Judge upon hearing the parties and considering the evidences and materials on record decreed the suit mainly on the ground that the predecessor of the plaintiff Daud Ali purchased .24 decimal land on an auction case and this plaintiff got the suit land from his predecessor by way of a gift deed. Plaintiff got mutated the suit land and paying rent accordingly. So the plaintiff has got right, title and possession over the suit land.

Being aggrieved and dissatisfied by the aforesaid judgment and decree dated 07.11.2017 passed by the joint District Judge, 2nd Court, Sirajgonj, the defendant-appellant preferred this instant appeal.

Learned Deputy Attorney General Mr. Md. Yousuf Ali appearing for the defendant-appellant in course of arguments takes us through the impugned j