MD. SOHRABUDDIN MOLLA Vs. AMINUL ISLAM

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 15.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.2862 of 1995 disposing of the Rule with modification.

(2.) Short facts are that the plaintiffs instituted Partition Suit No. 107 of 1992 in the Court of Assistant Judge, Saturia, Manikganj contending, inter alia, that the suit land measuring 1.88 acres of C.S. Khatian No.395 belonged to one Shumai Mallik who died leaving wife Misran Bewa, one son Malu Mallik and daughters Shoyjan and Shonajan. Shoyjan died leaving her husband Kasimuddin, Shamsujaman as his son and daughter Atarjan. Malu Mallik died childless and his share devolved upon his sister Shonajan. Thereafter, Shonajan transferred 1.20 decimals of land to her sister's son Shamsuddin by a registered deed of gift dated 04.11.1936. Shamsuddin and Atarjan sold the suit land to Abdul Wahed, the predecessor-in-interest of the plaintiff. In this way the plaintiffs became owner of the suit land.

(3.) The defendant Nos.1-3 contested the suit by filing written statement denying the material allegations made in the plaint. Their case is that the suit land belonged to Shumai Mallik who died leaving wife Misran and son Malu Mallik and two daughters Gedi and Shoyjan. He had no daughter named Shonajan. After the death of Misran and Malu, Gedi and Shoyjan inherited their share. Gedi died leaving son Naimuddin and daughter Piarjan. Piarjan sold. 94 acres of land to defendant Nos.1-3 by a registered kabala dated 11.12.1967. In this way the defendant Nos.1-3 become owner and are in possession.