MOULAVI ABDUL KADER Vs. MOZAMMEL HAQUE

JUDGEMENT

(1.) Civil Petition for Leave to Appeal No. 1259 of 2004 has been filed by the plaintiff petitioner seeking leave to appeal against the judgment and order dated 27.07.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1414 of 2002 hearing analogously the Civil Revision No. 774 of 2002 and discharging both the rules.

(2.) Civil Petition for Leave to Appeal No.1260 of 2004 has been filed by the aforesaid petitioner (the defendant) against the same judgment and order in Civil Revision No.774 of 2002.

(3.) The petitioner as plaintiff instituted Title Suit No. 97 of 1997 praying for partition of the land of Khatian No. 710 stating, inter alia, that 12 acres of land in C.S. Khatian No. 710 belonged to one Khabir Uddin after whose death his son Mofizul Hoque and two daughters and one wife inherited the property and in view of subsequent transfers Morium Bibi wife of Khabir Uddin inherited 70 decimals of land and that Morium died leaving his son Mofizul to inherits 35 decimals and Bibi Sekantar and Jaynob Banu inherited 17 decimals each thereby Bibi Sekantar inherited 2.26 acres of land from her father and 17 decimals from her mother and while she was in possession of the property, by a deed of gift of 14.03.1973 she transferred 1.78 acres of land to the plaintiff petitioner and through inheritance also he got some land which totalled 2.26 acres and that the defendants being heirs of Nur Mohammad also inherited portion of the properties and the properties being in ejamli possession there being no partition by metes and bounds the plaintiff petitioner prayed partition of 2.26 acres in his favour.