ABDUL SAMAD GAZI Vs. ABDUL KHALIL GAZI

JUDGEMENT

(1.) This Rule under section 115 of the Code Civil Procedure was issued at the instance of the plaintiff-petitioner calling upon the defendant- opposite parties, to show cause as to why the judgment and order of remand dated 13-09-1987 (Decree drawn on 01-11-1987) passed by the learned Subordinate Judge, Chandpur in Title Appeal No. 20 of 1986 setting aside the judgment and decree dated 23-12-1985 (Decree drawn on 01-01-1986) passed by the Munsif, Upazila, Faridganj, in Title Suit No. 570 of 1984, should not be set aside.

(2.) The petitioner in this Case filed a suit for specific performance of contract of 25-05-1976 against the opposite party No.1 (defendant No.1) being Title Suit No. 207 of 1976 in the Court of Munsif, First Court, Chandpur, contending, inter alia, that in 1971, during the war of liberation there was a talk of sale of the suit land with the defendant No.1 on 15th Sraban, 1378 BS at a consideration of Taka 6,000.00 and accordingly, the defendant No.1 on of Taka 5,500 00 executed a bainapatra on 20th Sraban, 1378 BS corresponding to 06-08-1991 and delivered physical possession of suit land favour of the plaintiff and agreed to execute and register the necessary deed of sale in favour of the plaintiff as soon as possible that the plaintiff accordingly went into possession of the suit land and from time to time offered the rest of the consideration money and demanded execution and registration of the deed of sale but without any response from the defendant No. 1, that the plaintiff 1gde his last demand for registration of the deed of sale on receipt of the consideration money on 14-02-1976, but was not complied with, as such, he was compelled to file the instant suit for specific performance of contract.

(3.) The defendant No.1 contested the suit by filing a written statement on 01-08-1977 contending, inter alia, that he took a loan of Taka 150,00 from one Khali Raj (PW 7) during the war Of liberation and gave him a blank stamp paper with his signature on and subsequently, he repaid the said money and took back the stamp paper from him and kept in an earthen pot in a Chhikka but two years later found it to be lost, as such, he lodged a complaint with Sub-Divisional Magistrate, Chandpur on 20 031975 that he neither executed any bainapatra nor offered for sale the suit land either to the plaintiff or to anybody else, rather, he is in possession of the suit land. The defendant Nos. 3 and 4 (the opposite party Nos. 2 and 3) impleaded themselves on 03-08-1979 and contested the suit by filing a separate written statement on 2-11-1979. They support the Case of the defendant No. 1 and contended, inter alia, that they purchased the suit land by five registered kabalas Exhibit A (1)A (5) and they are in possession of the suit land.