MUSAMMAT AFROZA HAQUE Vs. MISS ROWSHAN ARA BEGUM
LAWS(BANG)-2009-8-10
SUPREME COURT OF BANGLADESH
Decided on August 23,2009

Musammat Afroza Haque Appellant
VERSUS
Miss Rowshan Ara Begum Respondents

JUDGEMENT

MD.ABDUL MATIN, J. - (1.) This review petition for leave to appeal is directed against the judgment dated 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of 2007 whereby leave petition was dismissed.
(2.) The facts, in short, are that the petitioner as plaintiff instituted a suit being Title Suit No. 10 of 1998 in the Court of the learned Joint District Judge, 1st Court, Faridpur for a decree of partition in respect of .07 acres of land with a tin shed house and 1/11 share of tin shed house, 29 Bandh and 35 Bandh each and also in respect of 4(four) annas share of a 1200 square feet building pressing into service basic contentions that Dr. Md. Yasin having being owner of 8(eight) annas share in Plot No.982 transferred the same in favour of Shamsuddin Mollah by a deed of conveyance dated 07.06.1962. Shamsuddin Molla, thereafter transferred the said land in favour of Delwara Khatoon by sale deed dated 07.06.1966. Plaintiff is daughter of Delwara Khatoon. Plaintiff is unmarried. Delwara Khatoon orally gifted .330 acres of land and tin shed house on 23.03.1972 to plaintiff. Plaintiff accepted gift and had been inducted into possession on gifted land. Delwara Khatoon being owner of rest .1367 acres of land and two houses breathed her last leaving behind 4(four) sons and 3(three) daughters including plaintiff. Plaintiff got .134 acres of land. Plaintiff and her elder brother jointly built a building wherein plaintiff spent Tk.55, 000.00 and plaintiff accordingly, got 4(four) annas share of building. Defendant No.3 gifted his .248 acres of land in favour of plaintiff by a registered deed of gift dated 26.11.1990 and placed plaintiff in possession of gifted land. Defendant No.1 died intestate leaving behind defendant No.7 as his wife, brothers and sisters. Plaintiff inherited .0022 acres of property from her deceased brother by way of inheritance. Plaintiff in the above way got .07 acres of land and pucca and semi pucca structures by way of inheritance and gift and has been possessing the same. Plaintiff offered a request to defendants to effect partition but defendant having refused to bring about partition on 01.02.1998; plaintiff had been constrained to file the suit in the Court of learned Assistant Judge, Faridpur.
(3.) Defendant No.7 put up resistance to the claim of plaintiff on filing a written statement denying all material allegations made in plaint. Contentions advanced in written statement were that the suit as framed was not maintainable. Defendant No.1 got .308 acres of land by way of inheritance from his mother Delwara Khatoon and constructed a pucca building with his own money. Defendant No.1 gifted his share and building to his wife. Defendant No.7 by registered deed of gift dated 22.02.1998 and inducted wife defendant No.7 in possession of gifted land and the building standing thereon. Plaintiff got no right, title, interest and possession on the gifted land and the building which had been gifted to her by her husband, defendant No.1. Plaintiff is not at all entitled to the share of land and portion of building as claimed by her in the suit and no decree of partition can be awarded to plaintiff.;


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