ABDUS SATTAR MOLLAH Vs. ABDUL MALEK MOLLAH

JUDGEMENT

(1.) This petition for review is directed against the judgment and order passed by this Division in Civil Petition for Leave to Appeal No.1704 of 2007 dismissing the same affirming the judgment and order dated 11.07.2005 passed by the High Court Division in Civil Revision No.3411 of 2001 making the Rule absolute reversing the judgment and decree dated 17.08.2000 passed by the learned Additional District Judge, Faridpur in Title Appeal No.95 of 1997 dismissing the appeal affirming those dated 29.05.1997 passed by the Senior Assistant Judge, Sadar, Faridpur in Title Suit No.03 of 1993.

(2.) The facts of the case, in short, are that one Abbas Sheikh was the original owner of the suit land after his death heirs son Amiruddin, Zainuddin and daughter Banu Khatun inherited the suit land. Thereafter, Zainuddin and Banu Khatun died leaving behind their only full brother Amiruddin and thus, Amiruddin became the owner to the extent of 16 anneas share. The R.S record was prepared in the names of the aforesaid persons for the whole suit land. Thereafter, in 1359 B.S. the said present petitioner, who is lying thereto by constructing dwelling house thereon. But due to business purpose, the plaintiff does not stay at home. During the operation of the S.A. record, one Abdullah was entrusted with the duty to record the name of the petitioner in the S.A. record. Thereafter, the death of the said Abdullah, the duty was entrusted upon one Sattar. Thereafter, in 1397 B.S. the plaintiff came to know that the S.A. record was wrongly prepared in the name of the defendant No.1 in spite of the fact that the same is in his exclusive possession. Due to such wrong record, title of the plaintiff having been clouded filed the suit for declaration of his title over the suit land.

(3.) The defendant Nos.1-13 contested the suit by filing written statement denying all the materials allegations made in the plaint contending, inter alia, that Aiyanuddin and Moniruddin were the owners of the suit land. They being in right, title and possession transferred the suit land to Abdullah and Monaulla and Abdulla transferred 1.68 acres of land to Entaz and Aminuddin by way of lease patta and also delivered the possession thereof. Thereafter, Entaz transferred his share to the defendant by way of a sale deed. Thereafter, Sona Ulla transferred 0.12 acre of land to the defendants. The defendants got 1.83 acres of land. Thereafter, S.A. record was prepared in the name of the defendants in respect of 1.54 acres of land instead of 1.83 acres of land. Thereafter, 61 decimals of land was transferred to the defendant No. 25 and 26 respectively. Some portion of the suit land was transferred to one Abdul Hakim and S.A. record also was prepared in his name. Though R.S. record was prepared in the name of Aminuddin but he did not possess the suit land. The said Aminuddin did not transfer the suit land to the plaintiff by way of a lease as alleged. Thereafter, on Abdulla's death his heirs transferred 0.04 acres of land to the plaintiff and in this manner, the present survey record has been prepared in the name of the defendants and accordingly, prayed for dismissal of the suit.