MEHER BANU Vs. ABDUL BAREK AND MUSLIM BEPARI

JUDGEMENT

(1.) These two appeals by leave are directed against the common judgment and order dated 22.04.2002 passed by a Single Bench of the High Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment.

(2.) Short facts are that the plaintiffs filed Title Suit No.40 of 1984 in the Court of Assistant Judge, Keranigonj, District-Dhaka stating, inter alia, that the suit land originally belonged to Abdul Gani Bepari and the C.S. Khatian was finally published in his name. One Kailash Chandra Das filed Money Suit No.43 of 1911 against Abdul Gani Bepari and obtained a decree and in execution of the decree the said suit land of C.S. Khatian was put to auction and the same was purchased by the decree holder. The decree holder Kailash Chandra Das died leaving sons, Satish Chandra Das and Subodh Chandra Das and they sold the land to Moslem Bepari and Abdul Barek Bepari by kabala dated 12.03.1923 and the purchasers made waqf of the property. The plaintiff is the successive Mutawalli of the Waqf Estate. One Nasiruddin, the predecessor of the defendant Nos. 1-10 was allowed to stay in a portion of the suit land and on 23.06.1923 Nasiruddin executed a kabuliyat in favour of Abdul Barek Bepari and Muslim Bepari and after the death of Nasiruddin his heirs continued to stay on the land and in the building. On 17.11.1990 the Chairman of the local Union Parishad called the present Mutwalli and disclosed that the defendant No.1 claimed the suit land on the basis of the gift made by his mother on 26.06.1934. The plaintiffs contention is that the said deed of gift is forged, fabricated and fraudulent and has been created to grab the suit land.

(3.) The defendant Nos. 1 and 2 contested the suit by filing written statement denying the material averments made in the plaint and contended, inter alia, that their father Nasiruddin was the owner in possession of the suit land for the last 40 years by constructing building and he adversely possessed the suit land long over statutory period to the knowledge of all concerned and after the death of Nasiruddin his heirs are possessing the suit land. During the life time of Nasiruddin he made a gift of .32 acres of land from Plot No.10 to his wife by the Heba deed and the remaining portion of the land devolved upon the heirs of Nasiruddin after his death and the last record of rights was correctly prepared in the name of the heirs of Nasiruddin. They further contended that the plaintiffs have no right, title, interest and possession in the suit land.