Decided on February 14,1989

Hazi Waziullah Appellant
Additional Deputy Com­Missioner, Revenue, Noakhali Respondents


SHAHABUDDIN AHMED,J. - (1.) These two appeals by special leave, at the instance of the plaintiffs, have arisen out of a judgment and decree dated 5 April 1984 of the High Court Division (Comilla Bench) modifying the judgment and decree dated 31 March 1979 of the Subordinate Judge, Noakhali, in Title Suit No. 417 of 1978.
(2.) Plaintiffs-appellants filed the said suit for declaration of their title to the suit land as they found their title clouded by a Notice dated 18 April 1978 served upon them by the Sub-Divisional Officer, Feni, treating the suit land as Vested and Non-Resident Property and asking them to surrender it. Their simple case was that the suit land was not an enemy or vested property and as such the Notice for surrendering it was illegal and void.
(3.) The suit land originally belonged to one Shashi Bhusan Mujumder, on whose death in or about the year 1943, his six sons including Hemendra Kumar Majumder inherited it along with other properties of Shashi Bhusan. After the death of Shashi Bhusan the six brothers amicably partitioned all the inherited properties lying in different places; the suit land at Feni fell exclusively to the share of Hemendra; the property at Narayanganj fell to the share of Dhirendra, the eldest of the brothers, while the property in Calcutta fell to the share of remaining four brothers, namely, Mohendra, Narendra, Satyendra and Rabindra. Hemendra by four registered sale-deeds transferred the suit land to the plaintiffs who went into possession thereof; but the Sub-Divisional Officer illegally served the notice treating it as enemy and vested property. Hence they filed the suit against the Sub-Divisional Officer (defendant No. 4.), Additional Deputy Commissioner and Assistant Custodian of Vested Property (defendant No. 3), Deputy Custodian of Vested Property (defendant No. 2) and the Government of Bangladesh (defendant No. 1) seeking declaration of their title to the Suitland.;

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