ABDUS SUKKUR Vs. MOHAMMAD YOUNUS

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment dated May 11, 2005 of a Single Bench of the High Court Division in Civil Revision No. 749 of 1996 making absolute the Rule upon setting aside the judgment and decree dated January 22, 1996 of the 3rd Court of Subordinate Judge (now Joint District Judge) and Artha Rin Adalat, Chittagong in Other Appeal No. 462 of 1993 allowing the same upon reversing the judgment and decree dated September 28, 1993 of the 2nd Court of Additional Senior Assistant Judge, Sadar, Chittagong in Other Case No. 155 of 1990 dismissing the same.

(2.) The suit was filed seeking separate saham of 34 decimals of land on partition of 1.14 acres of land. The appellate Court upon allowing the appeal passed a decree in favour of the plaintiff allotting separate saham for 34 decimals of land from the land described in the schedule attached to the plaint.

(3.) It was the case of the plaintiff that the land described in the schedule belonged to Hakim Jan Bibi and Abdul Ali in equal share who acquired the same by the registered patta dated February 17, 1902, that Hakim Jan Bibi after the death of her husband married Amir Hossain, that Hakim Jan Bibi gifted 12 gandas of land out of her share from the land of the patta dated February 17, 1902 to her son Jebal Hossain by the 2nd husband, that the gift was made by the registered deed of gift dated June 25, 1928, that possession of the land so gifted was made over to Jebal Hossain who built his homestead in the said gifted land and was living there, that Hakim Jan Bibi died leaving 4 sons of whom 3 were by her first husband and another by her second husband and 2 daughters by her 2nd husband, that Jebal Hossain died leaving plaintiff Nos.1-3 as sons and plaintiff No.4 as daughter, that Hakim Jan Bibi's daughter Sundar Bibi (by second husband) died leaving defendant No. 17 as her heir, that land left by Hakim Jan Bibi's first husband and by Hakim Jan Bibi devolved upon by the successive heirs.