SAHERA KHATUN Vs. ABDUL GAFFAR @ ABDUL GAFFAR

JUDGEMENT

(1.) This appeal by leave granted on 9-3-2000 is for consideration as to whether the High Court Division has fallen into an error of law in holding that the appellants who are co-sharers in the suit property were not entitled to possession of the decretal land, although they were found dispossessed from the entire property during the pendency of the suit.

(2.) In the year 1976 Taizuddin Bhuiyan and his wife Faizunnessa, predecessors of the appellants, instituted a suit for declaration of title in respect of entire suit land measuring 2.28 acres of land in Plot Nos. 63, 64, 71, 65, 72, 71/1066 and for further declaration that the suit property is not an enemy property.

(3.) Defendant Nos. 1-4 contested the suit filing jointly written statement and claimed leasehold right under defendant No. 5, the Assistant Custodian and Additional Deputy Commissioner (Revenue).