SHAMIMA AKHTAR Vs. MD. TOFAZZAL HUSSAIN

JUDGEMENT

(1.) Defendant petitioner Shamima Akhtar seeks review of the judgment and order dated 19.03.2006 passed by this Court in Civil Petition for Leave to Appeal No.1196 of 2003 dismissing the said petition.

(2.) The respondent Nos.1 to 5 as plaintiffs instituted Title Suit No. 86 of 1992 for declaration of title and khas possession which was renumbered as Title Suit No. 21 of 1994.

(3.) The plaintiff's case, in short, is that Sheikh Jabbar Ali, Abed Ali and 4 others were recorded tenants in C.S. Khatian No.96 containing 19 plots including Plot No.800 measuring .70 acres, that Sheikh Jabbar Ali's share was and Abed Ali's share was 1/12 in the said khatian and that .52 acres of land as P.S. and S.A Plot No. 979 had been in exclusive possession of Sheikh Jabbar Ali and P.S. Khatian No.138 was recorded accordingly and that Sheikh Jabbar Ali died leaving two sons, namely, Abdus Sattar, Fazu Mia and two daughters, namely, Amironnessa and Samirunnessa one son and one daughter of the previous owner, namely, Abdus Sattar and Amirunnessa sold .22 acres of land out of .52 acres of land to Chini Mia on 26.08.1961 and the name of the purchaser was accordingly recorded in S.A. Khatian and R.S. Khatian. Chini Mia transferred .473 acres (mentioned in 'Ka' schedule) to the plaintiffs by a registered kabala dated 26.06.1979 who possessed the property through cultivation of vegetable in some portion and also erected a tin shed room in part of the suit land and that in 1991 the defendant No. 2 dispossessed the plaintiffs by force from the Kha schedule land measuring .0330 acres and also dismantled the dwelling structure of the plaintiffs and hence the plaintiff felt constrained to institute the suit.