MD. TAZIMUDDIN Vs. MD. MOFIZUL ISLAM

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 29.05.2007 passed by the High Court Division in Civil Revision No. 1360 of 2001 making the Rule absolute with costs and vacating-the order of injunction granted on 29.01.2002 reversing the judgment and decree dated 10.09.2000 passed by the learned Subordinate Judge, 3rd Court, Rangpur in Other Class Appeal No. 77 of 1998 and restoring the judgment and decree dated 29.03.1998 passed by the learned Senior Assistant Judge, Mithapukur, Rangpur in Other Class Appeal No. 20 of 1989.

(2.) The facts, in short, are that Badia Sheikh is the original owner of the schedule land measuring 2.27 decimals under C.S Khatian No. 354 corresponding to hal khatian No.479 and J.L. No. 225 and of survey settlement was prepared and finally published in his name and accordingly he was enjoying the schedule land peacefully without May hindrance from any quarter, that C.S. tenant Badia Sheikh died leaving behind one son, Bhula Sheikh, one wife, Nasiran and two daughters namely, Paglimai and Rahiman Nessa and thereafter wife of Badia Sheikh died leaving behind her aforesaid son and daughters, who are the absolute sharers of the schedule property.

(3.) Bhula Sheikh, son of Badia Sheikh sold out 90 decimals of land from C.S. Plot No. 1609, 1611 and 1624 of the schedule to the plaintiff and his sister-in-law Rahiman Nessa on 21.12.1953 being sale deed No. 23725 and delivered vacant possession to them on the same date and accordingly the father of the plaintiffs Dr. Moslemuddin acquired right, title and interest to the said 45 decimals of land from the aforesaid plot. Subsequently Bhula Sheikh sold out 29 decimals of land from C.S. Plot No. 1149 of the schedule to the aforesaid purchasers on 25.11.1954 by sale deed being 15314 and taking over delivery of possession of the aforesaid land they were enjoying the same jointly.