MST. KOMLA BEGUM Vs. MD. SHAHAB ALI

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 making the Rule absolute in part directing to prepare the record of right of the case property in the name of the original owner and record the names of the writ petitioner respondents as forcible possessors in the remark column.

(2.) The facts, in short, are that the respondent Nos.1-10 as petitioners filed Writ Petition No.2258 of 2004 in the High Court Division contending, inter-alia, that Abdul Malek, the predecessor of the petitioners as the plaintiff instituted Tile Suit No.199 of 1977 in the 1st Court of Munsif, Magura, which was subsequently transferred to the Munsif Court of Sreepur Upazila and was renumbered as Title Suit No.425 of 1983 against Bangladesh and others. The suit was for declaration of title and confirmation of possession alleging that the land measuring 3.31 acres of D.S. Khatian Nos.687, 589, 10003, 678 of mouza Nohata, Police station-Sreepur, District-Jessore originally belonged to Kali Kanta Mukhopadhaya by way of amicable partition amongst the co-shares. On his death, the case land devolved upon his only son Girija Kanta Mukhopadhya. Abdul Malek, the predecessor of the petitioners, took oral settlement of the said land from Girija Kanta Mukhopadhya in 1345 B.S. and got physical possession thereof Md. Yunus Ali Mollah, the predecessor-in-interest of the respondent Nos.5-9, also claimed title to the suit land on the basis of a settlement from Girija Kanta Mukhopadhaya and Chinta Haran Mukhopdhaya. In such circumstances, Abdul Malek instituted the aforesaid suit.

(3.) Md. Yunus All, the predecessor of the respondent Nos.5-9 and respondent Nis.10 to 13 contested the suit by filing written statements alleging, inter alia, that the case land originally belonged to Kali Kanta Mukhopadhaya and Chinta Haran Mukhopadhya in equal share. Md. Yunus Ali took settlement of the said land from the son of Kali Kanta Mukhopdhya, namely, Girija Kanta Mukhopadhya and from Chinta Haran Mukhopadhya and also got delivery of possession and had been in possession of the same. The case land was wrongly recorded in the name of the Girija Kanta Mukhopadhya in S.A. Khatian Nos.1699 and 1163. Md. Yunus Ali Molla filed Miscellaneous Case No.1185 of 1969 for correction of record of right and accordingly, got his name corrected and paid rent to the Government. After the death of Yunus Ali, the respondent Nos.5-9 as his heirs and successors have been in possession of the land.