IN THE COURT JOINT DISTRICT JUDGE 1ST, MEHERPUR.

TITLE SUIT NO. 27/2018

Plaintiffs: Defendants:
1. Md. Uzir Ali and others 1. Md. Golam Saroar and others

IN THE MATTER OF:

An application for and on behalf of the defendants
Nos.1-18 under section 10 read with section 151 of
the code of civil procedure for the stay of the instant
suit till the decision of the title suit No.272/2003
pending in the senior assistant judge, Meherpur.

The humble petitioner begs most respectfully.

1. That the above title suit is pending in this Hon'ble court and today
is the day to file a written statement in this suit.

2. That the subject matter of this suit the lands of the RS khatian
No. 9, SA Khatian No. 98 and CS Khatian No. 68 at Mouza No. 64
Babupur of Police Station then Meherpur now Mujibnagar and District-
then Nodia thereafter Kushtia and now Meherpur.

3. That the plaintiff has filed the suit seeking a decree of Partition
against the defendants.

4. That the defendants Nos. 1-18 has already filed the Partition suit
No.272/2003 in the court of senior assistant judge Meherpur much
before the institution of the present suit in respect of the same suit
property which is still pending.

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5. That the suit property and the parties of the aforesaid civil suit
No. 272/2003 and the present suit are the same and relief claimed by
the plaintiff against the defendants are of same and identical nature,
hence the present suit is liable to be stayed till the decision of the
aforesaid partition suit by the senior assistant judge, Meherpur as per
the provision of section 10 read with section 151 of the code of civil
procedure.

6. That in the circumstances stated above in the view of the detailed

submissions, the present application may be accepted and the present
suit may have stayed till the decision of the aforesaid partition suit by
the Hon'ble senior assistant judge, Meherpur in respect of the suit
property and as such this application is filed.

Wherefore, it is humbly prayed that your honour would be

graciously pleased to grant this application for the stay of the present
suit till the decision of the aforesaid partition suit by the Hon'ble senior
assistant judge, Meherpur in respect of the suit property and or pass
such other order or further or other order or orders as your honour may
think fit and proper for the ends of justice.

And for this act of kindness, the petitioner as in duty bound shall ever
pray.

Verification
The above statement made in the petition
are true to the best of my knowledge and
belief and I put my signature on it.

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IN THE COURT OF SENIOR ASSIST JUDGE, MEHERPUR.
TITLE SUIT NO. 24/2020

Plaintiffs Defendants
Mst. Saleha Khatun S.M Khalekuzzaman and anothers

IN THE MATTER OF:

An application for and on behalf of Mst. Farhana
Jahan wife of S.T Hamim Haider of Meherpur
Chakrapara, Ward No.05, Meherpur Pourashava,
Police Station and District-Meherpur under order 1
Rule 10(2) read with section 151 of the code of
civil procedure for addition of party as defendant
No.8 in the instant suit.

The humble petitioner begs most respectfully.

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1. That the plaintiffs filed the instant suit against the defendants for

Declaration.

2. That today is the day to file a written statement in this case.

3. That the original owner and possessor of the suit land along with other

properties was Mst. Sadeka Begum the daughter and heir of late Sopetullah

Mondal and being owner and possessor by inheritance the said Sadeka

Begum transferred the said land through the registered sale deed No.6132

dated 06-07-1997 to Mst. Moslemina Khatun and being owner and possessor

said Mst Moslemina Khatun transferred the said land through the registered

Heeba deed No.6994 dated 05-12-2018 to the instant petitioner with the

knowledge of the plaintiff and became destitute forever by releasing and

explaining the khas possession of the said land to the instant petitioner. The

instant suit has been filed by the plaintiffs against the defendants no. 1-7

only with ill motives and malafide intentions to get an expertee decree

behind the back and knowledge of the petitioner who is the real and lawful

owner and possessor of the said land.

4. That the plaintiffs and the defendants no.1-7 has got no title, interests,

possession, ownership, rights, demands and claims over the said properties.

5. That in the circumstances stated above, the petitioner is a necessary party

for the suit and his appearance and presence is absolutely necessary before

the Hon’ble Court for proper adjudication and fair disposal of the suit and

also for setting affectedly and completely all the questions of law involved

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in the suit and hence the petitioner is required to be added as defendant No.8

in the suit and as such this application is filed.

Wherefore, it is humbly prayed that your honor would be

graciously pleased to allow the petitioner to be added as

defendant No.8 in the instant suit and or pass such other order

or further or other order or orders as your honor may think fit

and proper for the ends of justice.

And for this act of kindness the petitioner as in duty bound, shall ever pray.

Verification

The above statement made in the

petition are true to best of my

knowledge and believe and I put my

signature on it.

IN THE COURT OF SENIOR ASSIST JUDGE, MEHERPUR.

TITLE SUIT NO. 195/2018

Plaintiffs : Defendants:

Mst. Saleha Khatun Md. Shamsul Haque Dulu and anothers

Description of the documents submitted by the Petitioner

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SL Description of the documents Number Remarks
No of
pages
01 Photocopy of the certified copy of the SA Khatian No.1213 01 Original and
02 Photocopy of the certified copy of the RS Khatian No.1155 01 certified
03 Photocopy of the registered sale deed no 6132 dated 06-07- copy of the
1997………………………………………………………… 05 documents
04 Photocopy of the certified copy of the Registered Heeba have been
deed no 6994 dated 05-12-2018 ………………………… 10 submitted in
the title suit
05 Photocopy of the Mutation Khatian No.1155/4 and DCR of No.195/2018
paying 26/= Taka by Mst. Moslemina Khatun………….. 02

06 Photocopy of the Mutation Khatian No.10978, DCR of

paying 1150/= Taka and Rent receipt paid by Mst. Farhana
Jahan Khatun…………………………………….. 03

Total 22 pages

IN THE COURT OF SENIOR ASSIST JUDGE, MEHERPUR.

TITLE SUIT NO. 24/2020

Plaintiffs: Defendants:

Mst. Saleha Khatun S.M Khalekuzzaman and others

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Written statements on behalf of the defendants No.1-2 and 8:

The humble defendants beg to state as follows: -

1. That the suit is not maintainable in its present form and

manner.

2. That the suit suffers from the defect of parties.

3. That the suit is barred by limitation.

4. That the suit is barred by the principles of estoppels, waiver

and acquiescence.

5. That there is no cause of action to file the instant suit.

6. That the suit is filed on frivolous, concocted statements

which are motivated, malafied and groundless and as such the suit

is liable to be dismissed.

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7. That the suit is undervalued as such the market price of the

suit property is more than the amount shown as the valuation of the

suit in the plaint.

8. That the suit is not maintainable under the provision of

section 42 of the specific relief act.

9.

10.

11. That the statements of the plaint which are not specifically

admitted herein shall be deemed to have been denied by this

defendant.

12. DENIAL

The facts are that:

a. That the original owner and possessor of the suit land along

with other properties was Sopetullah Mondal and his name was

correctly recorded in the SA plot No.621 measuring 0.86 acres and

SA plot No. 978 measuring 0.92 acres of the SA khatian No.1213

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at Mouza No.59 Meherpur in the Police Station Meherpur and

District then Kushtia now Meherpur.

b. That according to the above, being owner and possessor, said

Sopetullah Mondal while occupying the said land peacefully, RS

operation began countrywide and his name was correctly recorded

in the RS plot No.641 measuring 0.57 acres, RS plot No. 1013

measuring 0.22 acres and RS plot No. 1014 measuring 0.58 acres

of the Rs khatian No.1115 at Mouza No.66 Meherpur in the Police

Station and District Meherpur.

c. That according to the above, being owner and possessor, said

Sopetullah Mondal while occupying the said land peacefully, he

passed away leaving behind 1 wife namely Khodeja Khatun, 3

sons namely Shamsul Haque Dolu, Emadul Haque as well as Billal

and 4 daughters namely Mst. Anoara Khatun, Mst. Monoara

Khatun, Mst. Sadeka Khatun and Mst. Mehernigar Khatun is the

heir apparent.

d. That according to the above, being owner and possessor

through inheritance, said Shamsul Haque Dolu and others while

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occupying the said land peacefully, they made an oral settlement to

possess and enjoy the properties properly and along with other

property, 0.0250 acres of land out of total 0.58 acre of the RS plot

No.1014 fell in the saham of said Mst. Sadeka Khatun.

e. That according to the above, being owner and possessor

through the oral settlement, said Mst. Sadeka Khatun while

occupying the said land peacefully, became destitute forever by

selling, releasing and explaining the khas possession of the said

0.0250 acres of land out of a total 0.58 acre of the RS plot No.1014

through the registered sale deed No. 6132 dated 06-07-1997 to the

predecessor and mother of the defendant no 8 Mst. Moslemina

Khatun the defendant No. 2.

f. That according to the above, being owner and possessor

through the registered sale deed No. 6132 dated 06-07-1997, said

Mst. Moslemina Khatun defendant No. 2 while occupying the said

land peacefully became destitute selling said 0.0250 acres of land

of the RS plot No.1014 through the registered sale deed No. 6994

dated 05-12-2018 to her daughter Mst. Farhana Jahan the

defendant No. 8.

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g. That according to the above being owner and possessor the

defendant No.8 have been enjoying and possessing the suit land

peacefully. Thus, the suit is liable to be dismissed with cost.

Verification

The above statement made in the written statements are true to the

best of my knowledge and belief and I put my signature on it.

IN THE COURT OF JOINT DISTRICT JUDGE, 1ST MEHERPUR.

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 TITLE SUIT NO. 19/2020

Plaintiffs Defendants
Md.Isahaque and anothers Mst Modina Khatun and anothers

1. That the suit properties of the lat No.1 originally belonged to Monorama
Davi and her name was correctly recorded in the SA plot No. 232, SA
Khatian No.1068 measuring 2.20 acre at the Mouza No.65 Mohajonpur in
the police station then Meherpur now Mujibnagar and District then Kushtia
now Meherpur.

2. That according to the above, being owner and possessor, the said
Manorama Devi, while occupying the said land for the safety and undisputed
enjoyment of others, after accepting the appropriate betting, she sold the said
land to Nobisaddin sheikh, Shamsuddin sheikh, Monoroddin Sheikh the
predecessors of the plaintiffs and Ismail Sheikh the predecessor of the
defendants through the registered sale deed No. 6369 dated…..and became
destitute forever by releasing and explaining the khas possession of the said
land to the buyers.

3. That the suit properties of the lat No.2 originally belonged to Kolimuddin
and others and his name was correctly recorded in the SA plot No. 436, SA
Khatian No.27 measuring 0.28 acre at the Mouza Komorpur in the police
station then Meherpur now Mujibnagar and District then Kushtia now
Meherpur.

4. That according to the above being owner and possessor, the said
Kolimuddin, while occupying the said land for the safety and undisputed
enjoyment of others, he passed away leaving behind three sons namely
Nobisaddin Sheikh, Deen Mohammad Sheikh and Fakir Mohammad as the
heir apparent.

5. That according to the above being owner and possessor by inheritence, the
said Nabisaddin Sheikh and others, while occupying the said land for the
safety and undisputed enjoyment of others, after accepting the appropriate
betting, they sold the said land to Nobisaddin sheikh, Shamsuddin sheikh,
Monoroddin Sheikh the predecessors of the plaintiffs and Ismail Sheikh the
predecessor of the defendants through the registered sale deed No. 4414
dated 23-09-1964 and became destitute forever by releasing and explaining
the khas possession of the said land to the buyers.

6. That the suit properties of the lat No.3 originally belonged to Khaliluddin
Sheikh and Engrej Sheikh and their name were correctly recorded in the SA

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plot No. 767 measuring 0.01-acre, SA plot No.787 measuring 0.02 acre, SA
plot No.790 measuring 0.04 acre, SA plot No. 768 measuring 0.01 acre, SA
plot No.788 measuring 0.03 acre, SA plot No. 789 measuring 0.05 acre in
the SA Khatian No.291 measuring total 0.16 acre at the Mouza Komorpur in
the police station then Meherpur now Mujibnagar and District then Kushtia
now Meherpur.

7. That according to the above being owner and possessor, the said
Khaliluddin Sheikh and Engrej Sheikh while occupying the said land for the
safety and undisputed enjoyment of others, they passed away leaving behind
inheritors.

8. That according to the above being owner and possessor by inheritance, the
said inheritors of said Khaliluddin Sheikh and Engrej Sheikh, while
occupying the said land for the safety and undisputed enjoyment of others,
after accepting the appropriate betting, they sold the said land to Nobisaddin
sheikh, Shamsuddin sheikh, Fatema Bibi the predecessors of the plaintiffs
and Ismail Sheikh the predecessor of the defendants through the registered
sale deed No. 2620 dated 28-02-1979 and became destitute forever by
releasing and explaining the khas possession of the said land to the buyers.

9. That according to the above being owner and possessor through registered
sale deeds, while occupying the said land for the safety and undisputed
enjoyment of others, Nobisaddin sheikh, Shamsuddin sheikh, Fatema Bibi
the predecessors of the plaintiffs and Ismail Sheikh the predecessor of the
defendants made a verbal compromise distribution to facilitate proper
investment among themselves and the land of RS plot no…fell into Ismail’s
sole possession.

10. That according to the above being owner and possessor through the
verbal compromise distribution, while occupying the said land for the safety
and undisputed enjoyment of others, the said Ismail passed away leaving
behind 1 daughter (No.1defendant) and 2 wives Mst. Ukila Khatun and Mst.
Arbi Khatun (defendants No.2-3) as the heir apparent.

11. That according to the above being owner and possessor by inheritance,
while occupying the said land for the safety and undisputed enjoyment of
others, the RS operation began countrywide.

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