MD. SONA ULLAH Vs. MOST. MORIUM BEWA

JUDGEMENT

(1.) This leave petition at the instance of the defendants is directed against the judgment and order dated 28th October, 2008 of a Single Bench of the High Court Division in Civil Revision No.1642 of 2003 making the rule absolute.

(2.) Respondent Nos.1-11 instituted Title Suit No.45 of 1992 in the Court of Senior Assistant Judge, Sadar, Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint.

(3.) Short fact of the plaint case is that 'Kha' schedule lands measuring an area of 2.39 acres belonged to Doyel Bibi, Jasiron Bibi, Bariron Bibi and Bacchani Bibi. They paid rents to the ex-landlord and subsequently surrendered the said lands to the landlord Tasiruddin Sarkar. The landlord possessed the said lands for some time and subsequently he granted pattan to Ambaruddin and Genda Mahmud. Thereafter said tenants sold the same to Saiab Uddin, Sharof Uddin and Wahab Uddin by deed dated 13th January, 1940. The R.S. Record was prepared in the name of Sharof Uddin and Wahab Uddin, the predecessors of the defendant Nos. 2 to 13. During the war of liberation, all the title deeds were destroyed. The defendant Nos. 2-12 sold the 'Ka' schedule lands out of 'Kha' schedule to the plaintiffs by different deeds. On 10th September, 1990, the plaintiffs came to know for the first time from the defendant No.1 that he obtained an ex parte decree in Other Class Suit No.139 of 1984. On the basis of such information, they procured a copy of the judgment in Miscellaneous Appeal No.86 of 1987 arose out of the suit and came to know about the suit. The said ex parte decree is not binding upon the plaintiffs. The defendant No.1 has no right, title and interest in the suit lands, who forcefully dispossessed the plaintiffs from the 'Ka' schedule lands on 2nd January, 1991. Hence the suit.