MD. ALAUDDIN KAZI Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 9.11.2008 passed by the learned Additional District Judge, 5th Court, Dhaka in Title Appeal No. 825 of 1999 affirming those dated 17.10.1999 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.16 of 1988 dismissing the suit should not be set-aside.

(2.) Material facts of the case as necessary for disposal of the Rule are that the petitioners as plaintiffs brought the aforesaid suit being Title Suit No. 16 of 1988 in the Court of the then Subordinate Judge, 1st Court, Dhaka for declaration of title of the suit as described in schedule to the plaint comprising of .62 acres under Mouza-Uttarkhan, C.S. Khatian No.145, Dag No. 1481. The plaintiffs case, in short, is that the suit land was originally belonged to Bhawal Court of Wards Estate who granted pattan in favour of the plaintiffs on payment of Tk. 26/- as salami; that the plaintiffs thereafter, on the basis of the said pattan mutated their name, paid rents to the Government regularly and during last S.A. operation their names were rightly recorded in the S.A. Khatian No. 13; that when the pattan was granted in favour of the plaintiffs, the nature of the suit land was a pond and after taking pattan the plaintiffs filled up half portion of the suit land by earth-filling and built dwelling house thereon and the rest being cultivable land under their possession; that during last R.S. operation the suit land was wrongly recorded as khas land of the Government as a result of which Settlement Case being No. 54/86-87 was started with Chandpara Shahi Moshjid and thereupon, notices were served upon the plaintiffs infringing their right and title. Hence, the suit.

(3.) The defendant contested the suit by filing written statement denying most of the averments of the plaint contending, inter-alia, that the suit land was originally belonged to Bhawal Court of Wards Estate and subsequently, the same was recorded as khas land of the Government; that the suit is barred by limitation and during last R.S. operation the record of right was rightly prepared and published in the name of the Government and later on, the Government leased out the property in favour of the Chandpara Shahi Moshjid Comm-ittee through Settlement Case No. 54/86-87. The suit land was never gave pattan by the Bhawal Court of Wards Estate in favour of the plaintiffs, the plaintiffs have no right, title and interest of the suit land and as such the suit is liable to be dismissed.