GAZI RAFIQUL ISLAM @ MANZU Vs. MOSHARAF HOSSAIN

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 13.07.2005 passed by a Single Bench of the High Court Division in Civil Revision No.1162 of 2002 discharging the Rule.

(2.) The plaintiffs instituted Title Suit No.77 of 1991 in the Court of Assistant Judge, 4th Additional Court, Dhaka for declaration of title and recovery of khas possession of the suit land as schedule of the plaint stating, inter alia, that the land of C.S. Khatian No.64 originally belonged to 4 brothers namely, Adhar Rishi, Ridhaya Rishi, Mukul Rishi and Joy Gobinda Rishi. Adhar Rishi died leaving behind only daughter Jottashari Rishi. Ridhaya Rishi died leaving behind only son Jodunath Rishi who by Kabala dated 01.08.1985 purchased 4 annas share of Jottashari Rishi and thus Jadunath Rishi became the owner of 8 annas share of the said land. Jadunath transferred the suit land to the plaintiff by kabala dated 29.06.1972 and 09.10.1972. After purchase the plaintiffs got their names mutated in the record of Revenue Department. The last R.S. record was prepared in their names. In the meantime, one Hanif Mia allegedly, a Juba League Leader created collusive kabalas and by dint of those collusive deeds, he dispossessed the plaintiffs on 02.11.1974. Thereafter, Hanif transferred the suit land to defendant Nos.1 and 2 by the so-called registered deed dated 05.12.1977. Hence is the suit.

(3.) The defendant Nos.1 and 4 contested the suit by filing two separate written statements denying all the material allegations made in the plaint.