RAHMAT ALI Vs. MD. ABDUL GANI

JUDGEMENT

(1.) Defendants-petitioners seek for Leave to Appeal against the judgment and order dated 11.06.2005 passed by the High Court Division in Civil Revision No.5127 of 2003 affirming the judgment and decree dated 09.08.2003 of the Joint District Judge, 2nd Court, Pabna in Other Class Suit No. 130 of 2000 reversing those dated 14.06.2000 by the Senior Assistant Judge, Sadar, Pabna in Other Class Suit No. 68 of 2000 decreeing the suit in part in preliminary form.

(2.) Respondent Nos.1-13 as plaintiffs instituted Other Class Suit No. 1186 of 1987 in the Court of the Senior Assistant Judge, Sadar, Pabna against the petitioners and others praying for a decree for partition to the extent of 3.062/3 acres of land in ''Ka'' schedule out of 4.60 acres of land, 851/2 acres of land in "Kha" schedule and 651/2 decimals acres of land in 'Ga' schedule land. The said suit was transferred to the Court of the Assistant Judge, Bera, Pabna and thereafter, to the Court of Senior Assistant Judge, Sadar, Pabna and renumbered as Partition Suit No. 39 of 1994 and Other Class Suit No. 68 of 2000 respectively.

(3.) The case of the plaintiffs, in short, is that the suit jote originally belonged to Latu Kha and Chadu Kha C.S. record was prepared in their names in equal share. Chadu Kha died leaving behind brother, Latu Kha and mother, Dalimjannessa. Thereafter, Latu Kha died leaving his mother Dalimjannessa. Dalimjannessa transferred the suit land in favour of Gaziur Rahman, Ahmed Ali and Rahmat Ali by a deed of settlement. The said Gaziur Rahman and others erected homestead in some portion of the suit land and thereby owned and possessed the said land for over 12 years by cultivation. Ahmed Ali died leaving behind wife Sohagi two daughters, Hamida and Rahima and two brothers Gaziur Rahman and Rahmat Ali. Sohagi died leaving behind two daughters, Hamida and Rahima. Gaziur Rahman died leaving son Abdul Gani, Wife Fuljan and four daughters Kulsum, Sahiman, Chebaran and Sahitan. Sahitan died leaving behind husband, Aziz, three sons-Rabbani, Sahidullah and Fazlul Haque and two daughters-Aklima and Aziran. Rahmat died leaving one son and five daughters i.e. defendant Nos.1-6. The suit jote was wrongly record in S.A. and R.S. Khatian in the name of the defendants. The defendants have no title and possession in the suit land. Rahmat Ali was given assignment to get the suit land recorded in S.A. Khatian who fraudulently and collusively got the suit land, recorded in his name. The suit land was never partitioned through Court. As the defendants refused to effect partition and hence the suit.