HARUN-AL-RASHID MOLLAH Vs. BANGLADESH

JUDGEMENT

(1.) This civil petition for leave to appeal is directed against the judgment and decree dated 3-3-2004 passed by the High Court Division in dismissing First Appeal No. 147 of 1989 which was filed against the judgment and decree dated 5-8-1989 passed by the Subordinate Judge (now Joint District Judge), Second Court, Dhaka in Title Suit No. 213 of 1976 dismissing the suit.

(2.) The petitioner, as plaintiff, filed the above suit seeking declaration of his title in the suit land as described in the schedule of the plaint stating, inter alia, that the suit land originally belonged to Dhaka Nawab Court of Wards Estate in Khas and the CS record of right was accordingly prepared; Quijrat Ali Mollah, the father of the plaintiffs, took pattan of 10 acres of land appertaining to CS Plot No. 13 under CS Khatian No. 13 from Dhaka Nawab Court of Wards Estate on payment of Nazar of Rs. 510 and that the said Quijrat Ali Mollah also obtained settlement of another parcel of land measuring 10 acres appertaining to CS Plot No. 24 of CS Khatian No. 10 from Dhaka Nawab Court of Wards Estate on payment of Nazar of Rs.690; after the death of Quijrat Ali Mollah the plaintiffs are possessing the said lands forming one compact block measuring a total of 20 acres of land which is well demarcated on all sides by boundary walls; in the initial record of right the suit land having been recorded as forest land of the Government and the plaintiffs filed Miscellaneous Case No. 1300 of 1963 for correction of the records of right which being allowed the records of right were then correctly prepared in the names of the plaintiffs and then the defendants filed appeal and the Settlement Officer by order dated 18-4-1969 illegally allowed the appeal and cancelled the RS Khatian No. 74 created in the names of the plaintiffs and the suit land was ordered to be recorded in the name of the Forest Department and then the defendant issued a Gazette Notification being No. 3125 dated 13-4-1955 showing the suit land as the land of Forest Department and hence the suit.

(3.) The defendants contested the suit by filing written statement contending that the suit land was declared as protected forest land by Gazette Notification No. 3125 dated 13-4-1955 and since then the suit land along with other lands have been under the management and possession of the Government; the Forest Department then planted many valuable forest trees therein and in order to convert the suit land as Reserve Forest appointed the Collector, Dhaka, as Forest Settlement Officer with direction to admit any claim or objection filed within 90 days from the date of the above notification in respect of the land shown in the above Gazette Notification dated 13-4-1955 but none including the plaintiffs came forward with any claim over the said land including the suit land and then under Memo No. 3735(2)1812 dated 15-9-1967 the Government made the suit land as Reserve Forest; the management of the suit land was although under the Government and the alleged settlement in the name of the father of the plaintiffs is on the basis of forged, collusive, fraudulent and ante-dated papers which has been created for the purpose of the suit, the ex-rent receiver had no right or authority to settle the forest land with the predecessor of the plaintiffs and the plaintiffs or their predecessor did not acquire any title or interest in the suit land on the basis of the alleged settlement as the suit land was a protected forest land of the Government. The trial Court dismissed the suit holding that the plaintiffs could not prove the settlement. The plaintiffs then preferred First Appeal No.147 of 1989 and after hearing the High Court Division dismissed the appeal.