GOVERNMENT OF BANGLADESH Vs. SULTAN AHMED

JUDGEMENT

(1.) Delay of 4 days is condoned. This petition for leave to appeal has been filed against the judgment dated March 30, 2004 of a Single Bench of the High Court Division in Civil Revision No. 3225 of 1999 discharging the Rule obtained against the judgment and decree dated July 17, 1997 of the 2nd Court of Subordinate Judge (now Joint District Judge), Feni in Title Appeal No. 33 of 1996 allowing the same upon reversing the judgment and decree dated March 9, 1996 of the Court of Senior Assistant Judge, Dagan-bhuiyan, Feni in Title Suit No. 84 of 1987 dismissing the same.

(2.) The suit was filed seeking declaration of title and for khas possession upon removing the structures in the land in suit.

(3.) The suit was filed averring that the land in suit belonged to plaintiff's predecessor and that after the death of his father plaintiff and others inherited the land in suit, that the plaintiff purchased the share of his sister and that his mother gifted her share by registered Heba-bil-Ewaz to the plaintiff, that the plaintiff is in possession of the land and got his name mutated in the revenue record and paying rent, that defendant Nos.2 and 3 dispossessed him from part of the land and raised a structure covering 3/8 decimals of land out of 29V2 decimals of land, that the defendants dispossessed the plaintiff on July 13, 1987, that on inquiry plaintiff came to know that for acquisition of 1.24 acres of land including the land in suit LA Case No. 2 of 1924-25 was initiated but no compensation was paid, nor possession was taken over by any authority, that later on in 1962 another proceeding for requisition was started, but the same was dropped by the defendant No. 4 by his letter dated June 5, 1962, that defendant No.1 in collusion with the defendant Nos. 2 and 3 dispossessed the plaintiff from the land described in schedule 'ka' and that threatened to dispossess the plaintiff from the land described in schedule 'Kha'. Hence the suit for declaration of title and for recovery of khas possession.