MD BOZLUR RAHAMAN Vs. DHAN MIA AND OTHERS

JUDGEMENT

(1.) The present revisional applications have been filed respectively against two parts of the same order dated November 21, 2017, whereby an application for amendment of written statement filed by the defendants/opposite party nos. 1 and 2 was allowed and another application filed by certain strangers to the suit under Order I Rule 10 of the Code of Civil Procedure was also allowed consequentially.

(2.) The revisional applications arise from a suit for declaration, injunction and partition in respect of an immovable property. In the said suit, the defendants/opposite party nos. 1 and 2 took a stand that the suit plot, (described to be of 42 satak in area in the plaint schedule) originally belonged to the father of the defendant no. 1, namely Sk. Abdur Rashid, who, while having title and possession over the same, wanted to make heba of the same in favour of his two sons, that is, the proforma defendant and defendant no. 1, who agreed to accept the said heba and accordingly, the said Sk. Abdur Rashid transferred the suit property in their favour vide registered deed of heba dated October 5, 1972, being No. 6568 and delivered possession thereof and that since then the defendant no. 1 and his brother became owners and possessors of the same.

(3.) It was further stated in the original written statement that while the defendant no. 1 and his brother remained in ejmal possession over the suit property, they effected amicable partition of the same and the brothers got separate and distinct portions of the same and each began to possesses his own allotted portion exclusively, without having any connection with the other.