GOVERNMENT OF BANGLADESH Vs. KHARIAT HOSSAIN

JUDGEMENT

(1.) Delay of 2 days is condoned.

(2.) This petition for leave to appeal arises out of the judgment dated 22.6.2003 of the High Court Division passed in Civil Revision No. 1229 of 1992 making absolute the Rule obtained against the judgment and decree dated 12.04.92 passed by the learned Subordinate Judge (now Joint District Judge), Rangpur in Other Appeal No. 237 of 1988 reversing those of dated 18.08.88 passed by the learned Assistant Judge, Rangpur Sadar in Other Suit No. 459 of 1987 decreeing the suit.

(3.) The respondents 1 and 2 filled (filed) the above suit on the averments that Bimalendu Roy, Tarini Prasad and two others took pattan of the suit land and C.S. Record was prepared in their names and subsequently Tarini Prasad and the two others surrendered the property in favour of the original landlord who then took the same to his Khas possession; Abdul Aziz, the father of the plaintiffs, then took pat-tan of the suit land by registered kabaliat in the year 1943 and went into possession of the same on payment of rent to the landlord and S.A. record was duly prepared in the name of Abdul Aziz; subsequently on 13.10.82 the land was transferred to the plaintiffs by a deed of haba-bill-ewaj; and the plaintiffs, continued to possess the suit land on payment of rent to the government then Abdul Hamid and others, with malafide motive, filed a false petition to enlist the suit land as Shariat and at their instance the defendant No.1 the Additional Deputy Commissioner (Rev), Rangpur, by order dated 13.03.84 passed in Misc. Case (Shariat No.9 of 1983-84) cancelled the record of rights and declared the suit land as government khas land and directed the defendant No.2, the Thana Upazilla Revenue Officer, to take over the possession of the suit land and then the plaintiffs filed the instant suit challenging the above order dated 13.03.84. The defendant Nos.1 and 2 contested the suit by filing written statement contending, inter alia, that the suit land being a beel is the khas land of the government and the claim of the plaintiffs is vague and based on fabricated papers and further since the kabuliyat was for one year only there is no legal basis of the claim of the plaintiffs after the expiry of one year. The trial court, after hearing, decreed the suit. The defendant Nos.1 and 2 filed appeal which, after hearing, was allowed and the suit was dismissed. On revision the High Court Division made the Rule absolute.