HARUN AL RASHID Vs. HASNAIN

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order no. 18 dtd. 10/1/2019 passed by the learned Civil Judge (Senior Division) at Chanchal, District. Maldah in Partition Suit No. 43 of 2018 present revisional application has been preferred. By the said impugned order, the learned Trial Judge was pleased to allow petition under Order XXVI Rule 9 of the Code of Civil Procedure filed by the defendant no. 22.

(2.) Plaintiffs/petitioners instituted a suit for declaration and partition against the defendants/opposite parties being Partition Suit No. 48 of 2018 before the Court of learned Civil Judge (Senior Division) at Chanchal District. Maldah contending that the suit property being Dag No. 96/193 in Mouja Haranathpur measuring 91decimal of land originally belonged to Sk. Jelafet Hossain Sarkar who was the recorded owner of the said plot of land and his name had been recorded in the R.S.R.O.R. Said Jelafat Hossain died leaving behind four sons and four daughters. The legal heirs of Jelafat Hossain Sarkar are the plaintiffs and defendant nos. 1-21 in this suit and they have all inherited the suit property according to Muslim Law of Inheritance.

(3.) Subsequently, two legal heirs of Jelafet Hossain namely Shoharab Ali and Raihan Ali transferred their share in the suit property by a registered deed in favour of the defendant no. 22. The plaintiffs and the defendants are jointly possessing the suit property. The defendant no. 22 is trying to construct a new building over the joint property and also trying to occupy the whole plot of land.