AZIZUR RAHMAN KHAN Vs. MD. AYNUL MIAH

JUDGEMENT

(1.) This is a petition for leave to appeal in respect of the judgment and order dated 28.05.2009, passed by the High Court Division in Civil Revision No.5650 of 2007 and Civil Revision No.5651 of 2007, setting aside the judgment and decree passed by the District Judge, Dhaka and upholding the decree for declaration, passed by the Assistant Judge, Dhamrai.

(2.) The facts of the case, in brief, are that the respondent No.1 herein, being the attorney of the owner, Hajera Bibi and her son, filed a suit being the Title Suit No.33 of 2000 in the Court of Assistant Judge, Third Court, Dhaka, praying for a decree for declaration of his title in the suit-land and recovery of the khas possession, contending, inter alia, that the suit land originally belonged to late Purna Chandra Ghose and others, that they transferred the suit-land to Hajera Bibi and her son Yasin by registered deeds dated 21.05.1954 but the property was requisitioned. That long thereafter the owners appointed the plaintiff as their attorney and left for abroad in 1988. The suit was re-numbered as the Title Suit No.40 of 2004 on being transferred to Dhamrai Court, Dhaka. The present petitioners and the pro-forma respondent Nos. 2 and 3 were added as the defendants in the suit, vide Order No.30 dated 29.04.2002. The defendant Nos.1 to 3 and the added defendant Nos.4 to13 contested the suit by filing 2 (two) sets of written statements.

(3.) The Trial Court, after hearing, decreed the suit.