MD. ATAR ALI Vs. SERAJ MIAH

JUDGEMENT

(1.) The Rule issued in this Civil Revision is about sustainability of the judgment and decree dated 27-05-2007 by which the learned Additional District Judge, 1st Court, Dhaka dismissed Title Appeal No. 174 of 1998 and thereby affirmed those dated 16-04-1998 passed by the learned Senior Assistant Judge, 2nd Additional Court, Dhaka dismissing Title Suit No. 84 of 1997 instituted for declaration of title to 25 1/2 decimals of land and for recovery of khas possession thereof.

(2.) Petitioner-plaintiff Atar Ali claims that the suit plot being C.S. plot No. 181 measuring 36 decimals along with the land of C.S khatian No. 35 measuring 3.48 acres originally belonged to the C.S. recorded tenant Asakullah who, during his lifetime, orally gifted the entire suit plot to his only son Abdul Gafur. The three daughters of Asakullah being Rahela and two others never possessed the suit plot nor did they object to the said oral gift to Abdul Gafur.

(3.) After the death of Abdul Gafur, his four sons being plaintiff's grandfather Nowab Mia, Abed Mia, Yousuf Mia, Yukub Mia and the children of a pre-deceassion son Sona Mia used to possess the land of the entire jote. The three daughters of Gafur never possessed or claimed their shares in the suit holding.