HELALUDDIN Vs. NAZIMUDDIN

JUDGEMENT

(1.) This Civil Appeal, by leave, is directed against the judgment and order dated 14.12.2005 passed by a Single Bench of the High Court Division in Civil Revision No.2151 of 2004 making the Rule absolute. The facts of the case, in brief, are that the appellant along with others as plaintiffs instituted title suit No. 246 of 2001 in the court of Senior Assistant Judge, 2nd Court, Narayangonj, praying for permanent injunction in the suit land. They contended, inter alia, that the suit land belonged to Azimuddin Madbar who died leaving behind two sons, named Hafizuddin and Mofizuddin. Hafizuddin died leaving behind his wife Nurjahan Bibi, a son plaintiff No. 1 and two daughters plaintiff Nos. 2 and 3. Nurjahan Bibi transferred her share of the land along with tin shed huts by Wasiwatnama dated 14.3.1981 in favour of the plaintiff No. 1. During R.S. operation 23 decimals of land was recorded in the name of Nurjahan Bibi. In this way the plaintiffs have been in possession in the suit land by way of inheritance and on the strength of the Wasiwatnama. Their names have been correctly recorded in S.A. and R.S. Khatian. Thus the defendants have got no right, title and possession in the suit land. On 24.11.2001 the defendants threatened to dispossess the plaintiffs from the suit land. Hence, they filed the suit.