MD. OSMAN GANI Vs. MST. KULSUM BIBI

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order passed by the High Court Division, Rangpur Bench in Civil Order No. 852 of 1982.

(2.) The appellant as plaintiff filed a suit for partition of the schedule property stating, inter alia, that Mangia Sk. had 6 annas 8 pies share in C.S. Khatian No. 264 and 269 described in Schedule Ka and Kha respectively and that he had 8 annas share in C.S. Khatian No. 267 and 271, the properties in Schedule "Ga" and "Gha" thereby claiming 2.34 acres of land to their share.

(3.) Defendants contested the suit stating, inter alia, that the suit land belonged to Uli Fakir who died leaving behind two sons namely, Mangia Sk. and Bocha Sk. and two daughters Kulsum and Alimunnessa that Mangia transferred 1.33 acres of land of Schedule Kha and also 91 decimals of land out of Schedule Ka; that the plaintiffs are not entitled to get the lands as claimed by them.