MD. GOLAM WAHED MANDAL Vs. ABU BAKKAR MIA

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 05.03.2006 passed by the High Court Division in Civil Revision No.344 of 1995 making the Rule absolute.

(2.) The facts, in short, are that the predecessor-in-interest of the opposite party No.1(a) Gulam Wahed Mondal and the Opposite Party Nos. 2-3 instituted the Other Suit No.837 of 1984 in the court of learned Assistant Judge, Ulipur under Kurigram for declaration alleging, inter alia, that the suit land was originally owned by Mahir, Jaher, Meharun Nessa, Joygun, Jahiran, Masiran under khatian No.817 with an area of 2.13 decimals of land out of said khatian which fell in the share of Masiran, Jahiran and Mohin by dint of a family partition. They settled the area of 2.12 acres of the land to Meharun Nessa by registered Pattan dated 07.12.1933 which land Meharun Nessa at first enjoyed through her father and letter on through her husband.

(3.) Meharun Nessa by a deed of heba-bil-ewaz dated 12.02.1982 transferred said land to the plaintiffs and delivered possession to them. Since then the plaintiffs had been possessing the land. They entrusted the predecessor-in-interest of the defendant Mozharuddin for getting the same recorded in their name in R.S. record but he managed to get it recorded in his sole name fraudulently with malafide intention.