- (1.) The denial of a right to a co-sharer to raise construction in his demarcated portion of the land is the subject matter of challenge in this revisional application.
(2.) In or about January, 2010, the opposite parties instituted a suit for partition and permanent injunction over and in respect of 9 1/2 decimals of the land in the suit property as described in the schedule to the plaint. The plaintiffs claimed to be the sons and daughter of one Sk. Fakir Mohammad. The suit property according to the plaintiff originally belonged to Keramat Ali since deceased and Belat Ali since deceased (hereinafter referred to as the original owners). Their names were duly recorded in the C.S. record of right. The said original owners were in exclusive possession over the suit property. They were residing and cultivating fruit bearing trees and engaged in Pisciculture. During their lifetime, the original owners amicably partitioned the suit property by reason whereof Keramat Ali became the owner of demarcated 17 1/2 decimals of Bastu and Pukur and Belat Ali got a demarcated 17 1/2 decimal of the suit property. After such amicable partition, they were enjoying their respective demarcated properties as exclusive owners thereof. Keramat Ali died intestate living behind him his wife Ammajan Bibi and three sons, namely, Sk. Fakir Mohammad (since deceased), Sk. Islam Ali and Sk. Rahul Amin as his legal heirs and representative.
(3.) In or about 24th May, 1951, Sk. Fakir Mohammad purchased 9 decimals of Bastu and Pukur comprising in Dag Numbers described in the schedule from Baletan Bibi by a registered deed of kobala and, thereafter, on 21st December, 1951, sold and transferred 4 1/2 decimals of Bastu and Pukur out of the aforesaid 9 decimals to Rajab Ali Molla by a registered deed of kobala.;