PANCHALIPARA EBTEDAYA MADRASSA Vs. ABDUL KADER

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 22.03.2005 passed by the High Court Division in Civil Revision No. 530 of 2001 discharging the Rule arising out of the judgment and decree dated 01.10.2000 passed by the Subordinate Judge, 1st Court, Kishoregonj in Other Class Appeal No. 154 of 1999 reversing those of the Assistant Judge, Katiadi, Kishoregonj in Other Class Suit No.66 of 1997 dismissing the Suit.

(2.) The facts in the revisional application in Civil Revision No.530 of 2001 are, inter-alia, that the plaintiff-respondent instituted Other Class Suit No.66 of 1997 in the Court of the Assistant Judge, Katiadi for declaration of title and recovery of khas possession.

(3.) The plaintiff case, in short, is that 0.08 acres of land of Plot No.1069 of C.S. Khatian No.1287 originally belonged to Kalu Sheikh and Owed Ali in equal share. Kalu Sheikh transferred his 0.04 acres of land to Nawab Ali Munshi, the father of the plaintiff and Sirajuddin by deed of Heba-bil-Ewaj dated 18.03.1942. Nawab Ali died leaving behind the plaintiff as the only son, Sirajuddin transferred his share in favour of Abdul Majid, Secretary of Madrassa by the deed of gift dated 18.11.1959. At that time plaintiff was minor and consequently the execution of deed of gift and its registration were refused in respect of share of the plaintiff on the ground of his minority. The plaintiff has been possessing his 0.02 acres of land and rented to the different persons by erecting shops on it; during the pendency of the suit he was, however, dispossessed from the suit land.