High Court Division · Civil Appellate Jurisdiction
S. M. Jahangir Habib v Assistant Commissioners (Land), Khulna and others
First Appeal 639/2019 · Appeal allowed; suit remanded for retrial · Decided 6 September 2026
The appellant sued for a declaration that the Government defendants had no right, title, interest or possession in 3.50 acres of land, claiming title by successive registered purchases from the S. A. recorded tenants. He had earlier obtained a decree in Title Suit No. 38 of 2005, but the land remained recorded in the Government's name in B. R. S. Khatian No. 1. The defendants said the land had been diluviated in the Kazibacha river, reappeared after 20 years and vested in the Government. The Joint District Judge, 3rd Court, Khulna dismissed the suit as not maintainable because no declaration of title was sought. The High Court Division agreed that, with the land recorded in the defendants' name in the final khatian, the plaintiff's title was clouded and he lacked locus standi to seek a bare negative declaration. Noting that the earlier suit concerned only the draft khatian and that the defendants gave no dates of diluvion, it set aside the decree and remanded the suit for retrial.
- Whether a plaintiff whose land stands recorded in the Government's name in a finally published B. R. S. khatian can maintain a suit for a negative declaration without seeking declaration of title.
- Whether the suit should be remanded for retrial with liberty to amend the pleadings.
- Where the disputed land is recorded in the defendants' name in a finally published B. R. S. khatian, the plaintiff's title is seriously clouded and he has no locus standi to sue for a negative declaration without first establishing lawful title.
- No civil suit lies against the draft publication of a survey khatian; the remedy is an objection case under the State Acquisition and Tenancy Rules.
- The civil court has no jurisdiction to adjudicate the legality of a finally published survey khatian, which is for the Land Survey Tribunal.
- A person who fails to approach the Land Survey Tribunal within limitation may go to a competent civil court to establish title and seek other remedies.
- The decree was set aside and the suit remanded for retrial, with both parties allowed to amend pleadings and adduce further evidence, to be disposed of within six months.
In fact no Civil Suit is tenable in law against Draft Publication of any survey khatian and the remedy of the aggrieved person lies in filing an objection case under the State Acquisition and Tenancy Rules.
