MD UMER ZAHID Vs. MD FAZLUR RAHMAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners and perused the record.

(2.) It would appear from perusal of the record that present revision petition has been filed against the order dated 15.07.2014 passed by learned Sub Judge, 1st Araria in Title Suit No 369 of 2013 by which and whereunder he dismissed the aforesaid title suit for want of compliance of previous order dated 01.04.2014.

(3.) The fact which gives rise to file this revision petition is that the petitioners filed Title Suit No 369 of 2013 against the opposite party for declaration of their right and title in respect of the suit property in their favour on the ground that suit lands originally belonged to Asima Khatoon and Haji Sk. Zamiruddin. The said Asima Khatoon and Haji Sk. Zamiruddin gifted the suit lands to father of the petitioners and Md. Imamuddin, who happened to be grand father of the petitioners accepted the aforesaid gift on behalf of his minor son through Title Suit No 584 of 1970 which was decreed on 04.09.1970. Subsequently, natural guardian of minor felt need of money for education and treatment of minor as a result whereof being natural guardian he sold the aforesaid lands in favour of defendant/opposite party through registered sale deeds dated 07.08.1971 and accordingly, the opposite party, namely, Md. Fazlur Rahman came in possession of the aforesaid lands. However, the opposite party, namely, Md. Fazlur Rahman orally gifted the suit lands to the petitioners/plaintiffs as petitioners/plaintiffs and defendant/opposite party are near relatives and accordingly, petitioners/plaintiffs came in possession of the aforesaid lands on 15.05.2010. However, when the plaint of Title Suit No 369 of 2013 was presented before the court below, the aforesaid plaint was placed before the learned Sub Judge with Siristadar report and vide order dated 01.04.2014, the learned Sub Judge directed the petitioners/plaintiffs to file documents of the disputed lands and when the petitioners/plaintiffs failed to produce the documents, the learned Sub Judge dismissed the aforesaid Title Suit No 369 of 2013 passing order dated 15.07.2014 against which this revision petition has been filed.