SULTAN AHMED Vs. MD. MUNSUR ALI & ANOTHER

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 14.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 6049 of 2001 making the Rule absolute.

(2.) The plaintiffs instituted Title Suit No.116 of 1999 in the Court of Senior Assistant Judge, Dhamrai, Dhaka for a decree for permanent injunction stating, inter alia, that the suit land along with other lands originally belonged to Ali Palan Bepari who died leaving behind two sons, Wazuddin Bepari and Borhanuddin Bepari alias Biramuddin Bepari and one daughter Joynab Nessa. The S.A. and R.S. records were accordingly correctly prepared and finally published in their names. Borhanuddin Bepari sold 33 decimals of land to one Moniruddin who got his name mutated and paid rent to the Government. Moniruddin died leaving behind three sons and two daughters who transferred the suit land by way of registered exchange deed dated 25.12.1995 and handed over possession to plaintiffs who got their names mutated in the record of the Revenue Department and paid rent and have been in possession. The plaintiffs threatened the bargaders in the land on 10.07.1999. Hence is the suit.

(3.) The defendant Nos.1-3 contested the suit by filing joint written statement denying the material allegations made in the plaint. Their case is that the suit land along with other lands belonged to Ali Polan Bepari and on his death his son Borhanuddin by amicable partition got 66 decimals of land and transferred the same in favour of one Joyenuddin by registered deed dated 02.12.1964. Joyenuddin died leaving behind three sons and two daughters who transferred the land along with other land by a Heba deed dated 16.07.1998 to the contesting defendants who are in possession through bargader.