LAWS(PAT)-2009-4-164

SK.AZIMUR RAHMAN AND SK.MOZIBUR RAHMAN BOTH SONS OF LATE ABDUL HAFIZ Vs. NURUL HODA SON OF LATE SK.FARMAN, SHAFI AHMAD SIDDIQUI SON OF LATE SK.FARMAN, SK.SHAMSHAD AHMAD SON

Decided On April 15, 2009
Sk.Azimur Rahman And Sk.Mozibur Rahman Both Sons Of Late Abdul Hafiz Appellant
V/S
Nurul Hoda Son Of Late Sk.Farman, Shafi Ahmad Siddiqui Son Of Late Sk.Farman, Sk.Shamshad Ahmad Son Respondents

JUDGEMENT

(1.) THE defendants have filed this appeal before this Court.

(2.) The suit has been filed for a declaration that the deed of gifts 12 in numbers dated 24.11.1992, 25.11.1992 and 27.11.1992 be declared as forged and fabricated and it should be held by the Court that the said deed of gifts were never acted upon and are not binding on the plaintiff.

(3.) THE relationship between the parties is that Ainul Haque had three children, Sheikh Abdul Aziz (the original plaintiff), Sheikh Abdul Hafiz and a daughter Zaifa. Sheikh Abdul Aziz died on 26.8.1994 after filing of the suit leaving his widow Shakila Khatoon and his brother sons S.K. Azimur Rahman (defendant No. 1) and S.K. Mozibur Rahman (defendant No. 2). Shakila Khatoon was transposed as a plaintiff by order dated 14.9.1994 of the Court below.