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IN THE 4TH COURT OF JOINT DISTRICT JUDGE, COMILLA

PARTITION SUIT NO.23/2015

Son of late Mozammel Hoque


Bhuiyan
Kalashadardia
P.S. Daudkandi
District-Comilla
..Plai
ntiff.
1. Md. Mahbubur Rahman
2. Md. Habibur Rahman
3. Md. Mushfiqur Rahman
4. Mst. Hafija khatun
5. Mst. Jamila khatun
6. Mst. Fatima Khatun
All are sons and daughters of
late Mozammel Hoque
Bhuiyan
Kalashadardia
P.S. Daudkandi
District-Comilla

Defendant
Md. Rafiqunnabi Sarkar
Son of Rahmatullah Sarkar
Kalashadardia
P.S. Daudkandi
District-Comilla
Ashiqur Rahman
..Performa
Defendant
SUIT FOR THE PARTITION OF JOINT IMMOVABLE PROPERTY.
SUIT VALUED AT 2,20,00,000.

The above named plaintiff most respectfully


SHEWETH

1. That the suit property mentioned in the schedule below


originally belonged to late Md. Sirajul Hoque Bhuiyan, the
grandfather of the plaintiff and the grandfather of the
defendants Nos 1-6. His name was correctly recorded in the
C.S. khatiyan no. 589 of mauza Chandrashikardi C.S. plot no.
971 appertains to C.S. khatiyan no. 589 which correctly
appeared in the name of above mentioned Md. Sirajul Hoque
Bhuiyan who had obtained the property by virtue of
purchase through the sale deed dated 12-07-1975 and since
then he had been in possession of the suit property quite
peacefully and uninterruptedly.
2. That late Md. Mozammel Hoque Bhuiyan, the father of the
plaintiff and the defendants Nos-1-6, inherited the suit
property by virtue of inheritance and his name was duly
mutated in bahi no-3, Volume no-02, page no-327 dated on
23-06-1988 with the S.A. Khatiyan no-590 and B.S. khatiyan
No-597 of the same mauza. Md. Mozammel Hoque Bhuiyan
has died on 10-03-2009 intestate.
3. That the plaintiff and the defendants Nos-1-3 are in joint
possession of the suit property. The plaintiff and the
defendants Nos 1-3 have equal sahm or share in the suit
property. The plaintiff and the defendants Nos 1-3 each is
entitled to
2/11 share of the suit property and the
defendants Nos 4-6 each is entitled to 1/11 share of the
same property.
4. That the plaintiff has transferred his portion of the suit
property to Md Rafiqunnabi Sarkar, son of Rahmatullah
Sarkar, who is made party in the suit as a Performa
defendant and no relief claimed against him.
5. That the Performa defendant No.5 is trying to get possession
in the joint property by hook and by crook and threatening
for dire consequences.
6. That the plaintiff for the above reason claimed to give effect
to partition of the suit property by metes and bounds
amicably on 12-04-15.

7. That the cause of action of the suit arose on 12-04-15 when


the defendants Nos 1-6 utterly refused to give effect to
partition of the suit property in mauza Chandrashikardi
,police station Daudkandi district- Comilla which is within the
territorial jurisdiction of this honorable Court. Hence this
Court has jurisdiction to hear and adjudicate this suit.
8. That for the purpose of pecuniary jurisdiction the suit is
valued at Taka 40,00,000 which is the market value of the
plaintiffs 2/11 share of the suit property and the plaintiff has
duly paid the advalurem court fee of tk thereon
9. That therefore the plaintiff most humbly prays before this
honorable Court:
For partition of the suit property by metes and
bounds;
For such other relief or reliefs as the plaintiff is
entitled to in accordance with the law and equity;
For the cost of the suit may be decreed against the
defendants and in favor of the plaintiff.
SCHEDULE
In the district of Comilla under P.S. Daudkandi , Mauza Chandrashikardi ,Jail No-., C.S. khatiyan No-589, S.A. Khatiyan
No-590, B.S. khatiyan No-597, bahi no-3, Volume no-02, page no327.
PLOT NO
NATURE OF LAND
AREA
971
BHITI
.66 acre
out of which 0.12 acre is the plaintiffs share and therefore is the
suit property which is butted and bounded by the:
North: plaintiffs land
South: open field
West: Alhaz Fazlur Rahman
East: Kayuum Sarkar

VERIFICATION
That the statements made above are true to the best of my
knowledge and belief and in truth whereof I sign this verification
today the 21st day of April 2015.