MD. TAZIMUDDIN Vs. MD. MAFIZUL ISLAM

JUDGEMENT

(1.) This review petition for leave to appeal is directed against the judgment and order dated 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No. 1642 of 2007 dismissing the petition for leave to appeal.

(2.) The facts, in short, are that the predecessor of respondent Nos.1-3 Md. Moslemuddin instituted a suit being Title Suit No. 20 of 1989 in the Court of the learned Senior Assistant Judge, Mithapukur, Rangpur for partition and for recovery of khas possession in respect of the portion of the suit land.

(3.) The plaint case is that the land measuring 2.27 acres comprising Khatian No. 479(Hal) belonged to Badia Sheikh and after his demise the said land devolved upon his heirs, namely one son Bhola Sheikh, two daughters Pagli Ghai, Rahimun Nessa and one wife Nasiran, Nasiran Bewa died leaving one son Bhola Sheikh and two daughters. Bhola Sheikh got eight annas of the entire land i.e. 13 acres and two daughters got to the extent of 0.56 acre each and they possessed their land. Bhola Sheikh transferred .90 acres form his share by deed dated 21.12.1953 to the plaintiff and Rahimun Nessa, he also transferred 0.23 acres by registered deed dated 25.11.1954 to the plaintiff and the said Rahimun Nessa. Thus the plaintiff got .56 acres and Rahimun Nessa by purchase acquired .56 acres and by inheritance from her father 0.56 acres and her share stood at 1.13 acres. After her death the defendant Nos.1-4 being her hairs got their respective share in the said land, while possessing the defendant No.2 transferred .33 acres to one Kerasuddin by an agreement, but Kerasuddin refused to purchase the said land and ultimately the land measuring .23 acres was purchased by the plaintiff by registered deed dated 12.01.1968. In the amended plaint the plaintiff claimed that their predecessor by registered deed dated 29.12.1953 purchased .23 decimals from plot No.1609, .09 decimals out of 19 decimals from plot No.1611, .12 decimals out of .24 decimals from plot No.1624 and in total .45 decimals and by registered deed dated 25.11.1954 purchased .11 out of .29 decimals in plot No. 1149 and also purchased .23 decimals out of .47 decimals by registered deed dated 12.01.1968 in plot No. 1609 and total purchased land of the plaintiff is .80 decimals. The original plaintiff sold .09 decimals out of .47 decimals to the defendant Nos.16-18 and 21-25 and .22 decimals out of .29 decimals in plot No. 1149 to the defendant No.26 and delivered possession of the said land.