MD. HANIF Vs. MD. TAUFIQ ALAM

JUDGEMENT

(1.) The appellant is the plaintiff who has preferred the second appeal under Sec. 100 of the CPC against the judgment and decree of reversal passed by the Principal District Judge, Dumka in Title Appeal No.9/2012

(2.) Plaintiff filed Suit in exercise of the peremptory right to purchase the suit property and for a decree directing the Defendant No.1 to execute sale deed of the schedule ..B.. property in favour of the plaintiff and to give possession.

(3.) The case of the plaintiff in brief is that both the parties are Mohammedan by sect Sunni. The Plaintiff Md. Hanif and Defendant No.2Bibi @ Buchun are full brother and sister. Defendant number 1 is a rank outsider having no relationship with the plaintiff and Defendant No.2. The plaintiff acquired the schedule A property by registered sale deed and is residing therein, and Defendant No.2 also acquired the suit property mentioned in schedule B, vide registered sale deed in the year 1983 towards the North of schedule A property in which she was residing. Rafique Alam purchased schedule C property towards south of schedule A property and thus Schedule A property is situated in the middle between schedule B and C property. It is further averred that Defendant No.1 had no land or house abutting the schedule C property. Defendant No.2 sold her property to Defendant No.1 secretly without giving any information to the plaintiff by registered sale deed No. 85 in the year 2008 in respect of the Schedule B property and came in possession of the same. Plaintiff had made repeated requests to Defendant No.2 to convey the Schedule B property and execute registered sale deed in his favour but she failed and collusively sold the same to Defendant No.1. The present suit has been filed asserting the peremptory right of the plaintiff to purchase the schedule B property.