SECRETARY, ZILLA PARISHAD Vs. MD. ALI ASHRAF KHAN

JUDGEMENT

(1.) This petition for Leave to Appeal is directed against the judgment and order dated 27.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 5047 of 1998, discharging the Rule upholding the order No.34 dated 15.10.1990 passed by the Additional Assistant Judge, 1st Court, Gazipur Sadar, in Title Suit No.7 of 1998 allowing the petition for local investigation filed by the defendant respondent No.1.

(2.) The petitioners as plaintiffs instituted Title Suit No.7 of 1998 impleading the respondent No.1 as principal defendant and respondent Nos.2-4 as pro forma defendants praying for decree for permanent injunction in respect of the suit land alleging, inter alia, that they are owners in possession of C.S. Plot No.167 which has been correctly recorded in the names of the plaintiffs and that the plaintiffs are in exclusive possession of the said plot. It is further stated that the land measuring 633 square feet has been leased out by the plaintiff No.1 in favour of the plaintiff Nos.2-10 as per Rules of the Zilla Parishad and the plaintiffs Nos.2-10 are in exclusive possession by carrying on business upon constructing tin shed shops on the suit land but the defendants were threatening the plaintiffs with dispossession and hence the suit.

(3.) The defendant No.1 as the respondent No.1 has been contesting the suit by filing a written statement denying the allegations and contending amongst others that the suit land is vague and uncertain.