MD. NAZRUL ISLAM Vs. MD. RENU MIA

JUDGEMENT

(1.) The plaintiff filed this petition for leave to appeal challenging the judgment and order dated 2.5.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 2424 of 1998 discharging the Rule which was obtained against the judgment and decree dated 12.8.1997 passed by the learned Subordinate Judge (now Joint District Judge), Narshingdi in Title Appeal No. 40 of 1995 affirming those of dated 31.8.1996 passed by the learned Assistant Judge, Shibpur, Narshingdi, in Title Suit No. 1 of 1996 decreeing the suit.

(2.) The respondent No.1, as plaintiff, instituted the above suit praying for a decree of permanent injunction in respect of the suit land comprising an area of 1.23 acres containing homestead as well as nal land in C.S. Plots Nos. 614, 631, 603/802 under C.S. Khatian No. 160 corresponding to Petty Khatian No. 20, S. A. khatian No. 170 and R.S. Khatian No.192 under Mouza 176 Bara Asrafpur in Police Station Shibpur, District Narshingdi. The trial court, after hearing, decreed the suit. On appeal the appellate court, upon hearing, dismissed the appeal. Then on revision the High Court Division, after hearing, discharged the Rule.

(3.) The learned counsel appearing for the defendant/petitioners submits that the High Court Division erred in law in not considering that the plaintiff did not implead all the co-sharers in the suit; there being defect of parties the suit was not maintainable; a decree for permanent injunction can not be passed in ejmali properties and the principles as laid down in the decisions, following which the High Court Division discharged the Rule, are not applicable in the present case as the facts and circumstances are distinguishable.