DALIMON NESSA BEWA Vs. MD HASMAT ALI

JUDGEMENT

(1.) This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated 14.03.2005 passed by the High Court Division in Civil Revision No. 2467 of 2002 making the Rule absolute and set aside the judgment and decree dated 20.04.2002 passed by the Additional District Judge, 2nd Court, Tangail in Title Appeal No.124 of 1998 reversing those dated 10.05.1998 passed by the Sub-Judge, 2nd Court, Tangail, in Partition Suit No.124 of 1987.

(2.) Plaintiff instituted partition suit No.124 of 1987 in the Court of Subordinate Judge, 2nd Court, Tangail praying for a preliminary decree for partition to 3.60 acres of land appertaining to C.S. Khatian No.50 of Mouza Chakra under Police Station-Madhupur, District-Tangail stating, inter alia, that the said land belonged to Madary Sheikh who transferred the entire land by an oral gift in favour of Sonajan. Madary Sheikh has no male issue. Sonajan was married to Jinnat Sheikh and the later was taken as domesticated son-in-law. During C.S. operation the suit land was recorded in the name of Madary Sheikh but in the possessor's column the name of Jinnat Sheikh was wrongly recorded, Sonajan died leaving behind her husband Jinnat Sheikh and one son Ahmed Sheikh. Jinnat Sheikh transferred 1.05 acres of land in favour of the defendant Nos.7 and 8. Jinnat Sheikh took second wife. Thereafter, Jinnat Sheikh died leaving behind his second wife, three sons named Ahmed Sheikh, Kasim Sheikh and Jasimuddin and three daughters named Kamala, Rahima and Jarina. Thereafter, Ahmed Sheikh died leaving behind the plaintiff No.3 to be his wife and the plaintiff Nos.1 and 2 to be his sons and one daughter named Ambia. Ambia sold her share in favour of the defendant No.4. This is why the plaintiff inherited 3.06 acres of land and claimed partition but the same was refused and as such the suit.

(3.) The defendant Nos.1-5 contested the suit by filing a joint written statement contending, inter alia, that the suit land belonged to Madary Sheikh who transferred the entire land by an oral gift in favour of Jinnat Sheikh and handed over possession. During C.S. operation that suit lands were correctly recorded in the name of Jinnat Sheikh being possessor. S.A. record was also prepared in the name of Jinnat Sheikh. Jinnat Sheikh died leaving behind 3 sons named Ahmed Sheikh, Kasim Sheikh and Jasimuddin and three daughters named Kamala, Rahima and Jarina. Thereafter Jasimuddin died leaving behind defendant No. 1 to 5 to be his heirs.