AMM ALI ASHRAF Vs. NURUN RASHID CHOWDHURY

JUDGEMENT

(1.) This petition for leave to Appeal is directed against the judgment and order dated 28.06.2006 passed by the High Court Division in Civil Revision No. 2424 of 1994 in fixing the date of hearing by a Division Bench.

(2.) The facts of the case are that the plaintiffs filed Title Suit No.31 of 1995 in the 2nd Court of Subordinate Judge, Sylhet for declaration of title stating that the predecessor of the defendant Md. Sadir having title and possession over the schedule land died leaving behind one son A.S.M. Ali Ashraf, three daughters named Mst. Momtaz Begum, Noor Jahan Begum, Mother of the plaintiff and jahanara Begum and wife, Rafiza Begum. The plaintiff's mother, Noor Jahan Begum became the title holder and possessor of 2 annas and 17 gandas of the schedule property. Jahanara Begum died unmarried after the death of her mother, Rafiza Begum. When the settlement survey started Noor Jahan Begum was in her husband's house and hence was not aware of the survey record and she died leaving mother, husband and a son who is the plaintiff. The plaintiff came to know in the first week of the September, 1984 that his mother's name was not in the khatian of the schedule property and hence he tiled the suit for declaration of title.

(3.) The Subordinate Judge, 2nd Court, Sylhet took up the hearing of the suit and on 15.01.1986 dismissed the suit ex parte.