ABED ALI Vs. SONA MIAN

JUDGEMENT

(1.) These petitions for leave to appeal have been filed against the judgment dated May 8, 2005 of a Single Bench of the High Court Division in Civil Revision Nos. 3762, 3763 and 3764 of 2000 discharging the Rule obtained against the judgment and decree dated February 28, 2000 in Title Appeal Nos. 15, 16 and 33 of 1997 of the 1st Court of Joint District Judge, Gazipur allowing the appeal in part and thereupon modifying the judgment and decree dated October 31, 1996 of the Additional Court of Assistant Judge, Gazipur in Title Suit No. 19 of 1992. It may be mentioned the plaintiffs filed suit seeking partition of the land in suit claiming saham for 2.37 acres. The appellate Court upon modifying the judgment and decree of the trial Court reduced the share of the plaintiffs to 2.31 acres. The appellate Court dismissed the Title Appeal No. 15 of 1997.

(2.) Facts of the case has elaborately been narrated in the judgment of the Courts of fact and as such we are of the view the facts averring which plaintiffs filed the suit and the facts averring which defendant filed written statement need not be narrated in details. Facts, in short, are that land in suit belonged to Golam Ali. He died leaving his 2nd wife and 3 daughters, that Golam Ali had a son by name Baksha who predeceased his father leaving 2 daughters, that Golam Ali's 1st wife having died he married for the 2nd time whose name was Sukhi Bibi who had a son by name Hanif by her 1st husband. Hanif was reared by Golam Ali, that Golam Ali gifted 38 bighas of land to Hanif and to 2nd wife, Sukhi Bibi by an unregisterd haba deed, that Golam Ali put the donees into possession who possessed the gifted land asserting their right, title and interest to the knowledge of all, that inadvertently Hanif s share was not correctly shown in the C.S. khatian and wrongly Golam Ali's son's name was entered into the C.S. record although he had no possession in any part of the property sought to be partitioned, that by successive devolutions heirs of Skuhi Bibi got some share from Golam Ali, that Sukhi gifted her share to her son Hanif and put him into possession, that Hanif while owning and possessing the land acquired by him on the basis of Heba, purchase and inheritance he died leaving 2 sons plaintiff No.1 and Sabed Ali and 3 daughters who are some of the plaintiffs.

(3.) The suit was contested by different sets of defendants denying the claim of the plaintiffs. The trial Court on the basis of the materials on record decreed the suit allotting 2.37 acres of land in the share of the plaintiffs. On appeal by the different sets of defendants the appellate Court, modified the share reducing to 2.31 acres. The plaintiffs moved the High Court Division in revisional jurisdiction as against the judgment and decree of the appellate Court in the 3 appeals.