Possession of the suit land so the plaintiff having not made any prayer for recovery of possession of the suit land–
All the three courts below committed wrong and illegality in dismissing the suit of the plaintiff holding to the effect that the plaintiff’s suit is not maintainable without prayer for setting aside the judgment and decree passed in title Suit No.107 of 1968 and without prayer for recovery of khas possession. The plaintiff acquired valid right, title and interest in the suit land by virtue of purchase by a registered kabala of the year 1963, the exhibit-7 and he has also proved his possession in the suit land. In the circumstances the plaintiff is entitled to get the decree as prayed for. .....Masud Alam =VS= Abdul Khaleque Miah, (Civil), 2017 (2)– [3 LM (AD) 261] ....View Full Judgment

A co-sharer in possession can maintain her possession until partition–
It is well settled that a co-sharer in possession can maintain her possession until partition. A co-sharer in exclusive possession of land, even if, in excess of his/her actual share, cannot be dispossessed otherwise than by partition and hence a co-sharer in exclusive possession can bring a suit for permanent injunction against the other co-sharers-who threaten him/her with dispossession.
The High Court Division was not justified at all to send back the suit on remand for fresh trial with the direction to convert the suit for permanent injunction into a suit for partition. In this suit the plaintiff-a co-sharer-has proved her exclusive possession in her claimed land and she is entitled to keep this possession until partition by metes and bounds. If necessary, the defendants-co-sharers can bring a suit for partition, the plaintiff cannot be compelled to file a suit for partition. The impugned judgment and order of the High Court Division is set aide and those of the trial court and the appellate court below are affirmed. ...Noor Jahan Begum(Mst.) =VS= Giasuddin, (Civil), 2020 [9 LM (AD) 82] ....View Full Judgment