MD. ALIMUDDIN Vs. ALHAJ MD. ABU DAUD

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 16.04.2009 passed by the High Court Division in Civil Revision No.4896 of 2007 discharging the Rule and affirming the judgment and decree dated 24.06.2007 passed by the learned Joint District Judge, 1st Court, Gazipur in Title Appeal No.93 of 2004 dismissing the appeal and affirming the judgment and decree dated 29.04.2004 passed by the learned Senior Assistant Judge, 1st Court, Gazipur in Title Suit No. 230 of 2001 decreeing the suit.

(2.) The facts, in short, are that the respondent as plaintiff filed Title Suit No. 230 of 2001 against the petitioners as defendants before the learned Senior Assistant Judge, 1st Court, Gazipur praying for decree of permanent injunction. The defendant-petitioners appeared before the trial court and contested the suit by filing written statement.

(3.) The plaintiffs case, in brief, is that Kefatullah and Esamuddin were the owners of the suit land including other lands. By amicable partition Esamuddin and Kefatullah got 1.32 acres of land each. Kefatullah got 22 decimals of land from old plot No.247 and 132.50 acres from old plot No.246. Kefatullah constructed house in the land of plot No.247 and his name was correctly recorded in S.A. and R.S. Khatian. Thereafter Kefatullah died leaving behind 3 sons with plaintiff and daughter Joymon and one grandson. The plaintiff had been servicing in Natore District for a long time. Defendant's father Ramzan Ali was the elder brother of plaintiffs and Ramzan Ali was the caretaker of the plaintiffs land and all title documents of the plaintiffs land was with Ramzan Ali. After, the death of plaintiffs father plaintiff came to suit land and constructed some shops and has been living there since 1990. The plaintiff gave a legal notice to his elder brother on 30.01.1998 and for this Ramzan Ali gave possession to plaintiff on 3 4 decimals of land. Thus the plaintiffs acquired possession of land measuring 11 decimals of land in old plot No. 246 and are possessing the suit land constructing dwelling house and shops and the defendants with 5-6 persons tried to enter and dispossess the plaintiff on 05.09.2001. The defendants are law breakers as well as powerful with sufficient manpower. They may dispossess the plaintiff from the suit land at any time.