A. K. M. FAZLUL HAQUE Vs. BAZLUR RAHMAN

JUDGEMENT

(1.) This Civil Appeal, by leave, is directed against the judgment and order dated 25.04.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 1794 of 2004 making the Rule absolute.

(2.) The facts of the case, in brief, are that the appellants as plaintiffs filed Title Suit No. 276 of 1998 in the Court of Senior Assistant Judge, Savar for permanent injunction stating, inter alia, that they were in possession of 2080 aujutangsha of land in Plot No. 23, and 1.16 acres of land in Plot No. 25 by fencing, earth filling, planting trees and constructing houses thereon.

(3.) The respondents as defendant Nos. 3 and 4 contested the suit by filing joint written statement denying the material averments of the plaint contending, inter alia, that they are in possession of the land of Plot No. 25 by planting trees of different types, making houses thereon, etc. After hearing the parties and considering the materials on record the Senior Assistant Judge, Savar, Dhaka, decreed the suit.