DISTRICT : CHATTOGRAM

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION
(CIVIL REVISIONAL JURISDICTION)
Civil Revision No. 2878 of 2021

IN THE MATTER OF :
Mosammat Nurus Safa Begum
----------Plaintiff-Appellant-Petitioner
=VERSUS=
IN THE MATTER OF :
Md. Mahabu and others.
-----------------Defendant- Respondent-
Opposite Parties.

SUPPLEMENTARY AFFIDAVIT ON BEHALF OF THE

DEFENDANT- RESPONDENT-OPPOSITE PARTIES NO. 1 AND 2

I, Jamal Naser Mustakim, Son of Md Serajul Islam

and Bibi Ayesha Rukhsana, of Harun Sowdagor Bari,

Paschim Bakalia (Part-1), Chattogram City

Corporation, Chattogram, aged about-24 years, by

faith- Muslim, by occupation- business, by

nationality- Bangladeshi, National Identification Card

No. 7805206542 do hereby solemnly affirm and say

as follows:-

1. That I am the family friends of the opposite party

No. 1 and the tadbirkar of the case on behalf of

the opposite party No. 1 and 2 I am acquainted

 2
with the facts and circumstances of the case and

hence, I am competent & entitled to swear this

affidavit.

2. That the R.S. Khatian No. 1891 were recorded in the

1st group of its khatian named Naju Meah, Basarat Ali,

son of Karam Ali, Islam Khatun, Daughter of Abdul

Hakim, Motijan Bibi wife of Karam Ali and in the 2 nd

group of its khatian were Abdul Majid, Maheraj Khatun

son & daughter of Amanat Ullah and also recorded their

name in the remark column accordingly.

Certified copy of which attested

photocopy of R.S. Khatian No.

1891 is annexed herewith and

marked as Annexure-E.

3. That R.S. recorded owner and possessor Naju Meah and

Islam Khatun have been possessing the R.S. and B.S.

suit plot without interruption to others . Their names

were published in the B.S. Khatian No. 1277 over B.S.

Plot No. 1459 measuring an area of 14 Sataks and B.S.

Plot No. 1465 measuring an area of 07 Sataks

respectively in equal share thereof.

Certified copy of which attested

photocopy of B.S. Khatian No.

 3
1277 is annexed herewith and

marked as Annexure-F.

4. That the scheduled land of the plaint and petition for

temporary injunction are quite indefinite, vague and

unspecified and incomplete. Two suit plots are situated

to the different places on observation of Mouza Map.

The plaintiff inserted two separate R.S. and B.S. plots

in the plaint and injunction petition, bounded by only

one in specification. It is easily be understood that the

plaintiff petitioner had never in physical possession.

Photocopy of Mouza Map in R.S.

and B.S. sheet is annexed herewith

and marked as Annexure-G1, G2.

5. That the R.S. recorded owner Naju Meah died leaving

only brother’s son Abdul Majid as his only successor.

Thus Abdul Majid got from his father Basarat Ali to the

extend of 196 Sataks and 1652 Sataks and from his

paternal uncle Naju Meah in totalling got 1848 Sataks

property over R.S. Plot No. 3342 and 3347. Abdul Majid

died leaving only son Jafar Ahmad as his heir. Thus

Jafar Ahmad owned and possessed measuring 1848

sataks property over R.S. Plot Nos. 3342 and 3347.

Certified copy of heirs certificate of

Abdul Majid of which attested

 4
photocopy is annexed herewith and

marked as Annexure-H.

At the life time of Jafar Ahmad upon legal necessity

sold 04 Sataks from R.S. Plot No. 3347 and 12 sataks

from R.S. Plot No. 3342 totaling 3250 sataks land sold

out vide registered Kabala No. 5198 dated 01.08.1978

to 1) Amir Hossain, son of Late Ali Ahmad Chowdhury

and possession thereof delivered to accordingly.

Certified copy of which attested

photocopy of registered Kabala

No. 5198 dated 01.8.78 is annexed

herewith and marked as

Annexure-I.

6. Then Amir Hossain owned and possessed 08 Sataks land

over R.S. Plot Nos. 3342 and 3347. Thereafter Amir Hossain

died leaving a wife and only son named Fatema Khatun and

Abul Kashem, Fatema Khatun was owning and possessing

over said R.S. plot to the extend of th share. She died

leaving only son Abul Kashem. Thus Abul Kashem has been

owning and possessing 16 Sataks land over R.S. plot No.

3342 and 3347. Abul Kashem sold on legal necessity

measuring an area of 06 Sataks to 1) Mohammad Mahbul

Alam and 2) Nasima Akter wife of defendant No.

1(Mohammad Mahabul Alam) vide registered Kabala No.

 5
4415 dated 30.10.2016 and possession thereof delivered to

accordingly over suits Plot Nos. 3342 and 3347.

Certified copy of which attested

photocopy of registered Kabala

No. 4415 dated 30.10.2016 is

annexed herewith and marked as

Annexure-J.

7. That thus defendant No.1 and his wife although who is

not impleaded as party in this suit are owning and

possessing the said purchased property with filling

soil on Nal suit land reduced to Bhiti land. There are

constructing one storied residential pucca house and

latrine on which some portion of land as courtyard in

front of house. They are residing with their family by

planting and cutting many kinds of trees to the

knowledge of all local inhabitants in the locality over 6

years long since their purchased the schedule land.

They are recorded their name in the B.S. Mutation

Khatian No. 6406.

Attested photocopy of B.S.

Mutation Khatian No. 6406 is

annexed herewith and marked as

Annexure-K.
 6
8. That the plaintiff-Appellant-petitioner was filed

Miscellaneous Case No. 432 of 2019 in the Court of

Additional District Magistrate, North Chattogram who

passed order for holding enquiry over the case land

through the Assistant Commissioner (Land),Rangunia of

whom through his surveyor found possession of

defendant No. 1 and 2 over the case or suit land and

subsequently Learned Additional District Magistrate

(North), Chattogram dismissed the Miscellaneous Case

No. 432 of 2019.

Certified copy of photostat Enquiry

Report dated ...by Assistant

Commissioner (Land), Rangunia,

Chattogram is annexed herewith

and marked as Annexure-L

9. That the opposite party as well as defendant No. 1 and

his wife Nasima Akter are in possession

uninterruptedly to the knowledge of all in the locality

over the case and suit plots in question.

10. That the plaintiff-appellant-petitioner was never in

possession over the suits plots in question of which

boundary was included in the plaint and temporary

injunction petition are thoroughly wrong to the contrary

of real and actual physical possession. So, in view of

 7
the circumstances of the case the

plaintiff/appellant/petitioner’s suit for permanent

injunction as well as petition for temporary injunction

and together with instant civil revision is not

sustainable in law and the Rule issued earlier by your

Lordships is also to be discharged out right in law of

equity.

11. That it is most humbly submitted that the Learned

Senior Assistant Judge, Rangunia, Chattogram and as

well as the Learned Additional Second Court of District

Judge, Chattogram, thoroughly and meticulously

observed and discussed the documents on record and

facts and circumstances of the case and also analysing

real and actual physical possession over the suit land

material documents on record the petition for temporary

injunction filed at the initial stage of the suit in the

court below was rejected on contest and thereby as

against the preferred Miscellaneous Appeal No. 275 of

2019 dismissed on contest out right by the Learned

Additional District Judge, Chattogram as against

preferred the civil revision and its Rule is liable to be

discharged.
 8
12. That the statements made above are true to the best of

my knowledge and belief.

prepared in my office.

Prepared in my office

Advocate
Solemnly affirmed before me

this the ... .day of............2022

-------------------------
Deponent

The deponent is known to me

and identified by me.

-------------------------
Advocate

Membership No.

Room No.

Mobile No

COMMISSIONERS OF AFFIDAVIT

SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION