ELAHI MONDAL Vs. JURAN MONDAL
SUPREME COURT OF BANGLADESH
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MD.MUZAMMEL HOSSAIN, J. -
(1.) This civil review petition is directed against the judgment and order dated 30.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 697 of 2007 dismissing the same.
(2.) The respondent No.1 as plaintiff filed Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot No.243 and .17 acres in plot No.254 of Mouza Gobindapur, Police Station and District-Jhenaidah and for recovery of possession of .04 acre of land of plot No.243 and entire .17 acre of land of plot No.254.
(3.) In the said suit the plaintiff stated, inter alia, that .21 acres of land of plot No.243 belong to Nayeb Ali and others and they transferred the same to Abdur Rahim Sheikh by a deed of Sale dated 08.02.39 and after his death his son Mahatab Sheikh got the same and he settled the same in favour of Hemat Ali, thereafter the plaintiff on the 14th Chaitra, 1346 B.S.; that .17 acres of land in plot No. 254 was settled to Abdur Rahim Sheikh by aforesaid Nayab Ali on 04.08.38 and Tezarat and Alekjan on 08.02.39 by patta. After death of said Rahim Sheikh his son Mahatab got the same and by a registered Kabuliyat dated 28.5.48 he settled the same in favour of father of the petitioner; that the father of the plaintiff orally gifted the said .21 acre of land of plot No. 243 and the same was recorded in the name of the petitioner; that the father of the petitioner transferred .17 acres of land of plot No.254 in favour of the petitioner by a sale deed dated 23.1.1997; that for the first time on 15th magh, 1383 B.S. the petitioner could know that .17 acre of land of plot No. 254 was wrongly recorded in the name of Rajab Ali and Makshed Ali and against the said wrong recording the petitioner filed Title suit No. 256 of 1973 and the same was decreed ex parte; that regarding .21 acre of land of plot No. 243, Title Suit No. 690 of 1976 was filed. During pendency of the said suit there was a compromise and it was decided that the petitioner will possess "Kha" schedule land and the said Rahela will possess "Ka" schedule land but no deed of exchange was executed; that in the meantime the defendant dispossessed the plaintiff from "Kha" schedule land on 25.03.86; that thereafter defendant No.5 dispossessed the plaintiff, subsequently there was a shalish and the defendant handed over .17 acres from "Ka" schedule of land to the plaintiff and he is living with his family on the said land and since defendants are denying the title of the plaintiff in the suit land he is compelled to file the instant suit.;
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