Decided on August 09,2001

Chief Engineer, C And B Appellant
Shah Hingul Mazar Sharif Respondents


MAHMUDUL AMIN CHOWDHURY,J. - (1.) This petition for leave to appeal is directed against judgment and decree dated 24th February, 1998 passed by a Single Bench of the High Court Division in Civil Revision No. 3165 of 1994 making the Rule absolute on setting aside the judgment and decree passed by the learned Subordinate Judge, 4th Court, Dhaka in Title Appeal No.376 of 1993 allowing the appeal and reversing the judgment and decree passed by the learned Assistant Judge, Dhamrai in Title Suit No.122 of 1992 decreeing the suit.
(2.) The short fact leading to this petition is that, respondent No.1 as plaintiff instituted the aforesaid suit for permanent injunction against the defendants alleging possession in the suit property for over 100 years. Their case is that the suit property is by the side of Mazar of Shah Hingul Shah which is a Waqf property enrolled as EC No.5658 of the Administrator of Waqf, Bangladesh. Plaintiff has been appointed Khadem by the Administrator of Waqf in 1970. Their case is that the Khadem is residing with the members of his family in the structure within Mazar premises and the shops are let out to different tenants. Their case is that CS and SA Khatian has been wrongly recorded in the name of the Government but the plaintiff is in possession of the suit property and the defendants have no title, right, interest and possession in the same.
(3.) The suit was contested by the present petitioners and their case is that the suit land was acquired by the Government in the year 1907 and CS and SA Khatians were prepared in the name of the Government and the plaintiff is in unauthorised possession of the suit land and so the Government is trying to get back the property.;

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