MD. AHIA Vs. MD. AZIMUDDIN

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 15.04.2008 passed by the High Court Division in Civil Revision No. 477 of 2006 discharging the Rule arising out of the judgment and decree dated 09.11.2005 passed by the learned District Judge, Meherpur in Title Appeal No.152 of 2001 allowing the appeal and reversing those dated 09.10.2001 passed by the learned Joint District Judge, 1st Court, Meherpur in Title Suit No. 3 of 1999 decreeing the suit on contest.

(2.) The facts, in short, are that the petitioner as plaintiff instituted a suit for specific performance of contract on 06.09.1999 against the respondent Nos.1 and 2 before the 1st Court of learned Joint District Judge, Meherpur being Title Suit No.3 of 1999 which was decreed on contest. Against that a Title Appeal No.152 of 2001 was preferred by the opposite party No. 2 only and the learned appellate court allowed the appeal by judgment and decree dated 09.10.2005 by setting aside the aforesaid judgment and decree of the trial court.

(3.) The case of the plaintiff petitioner, in short, is that the suit land measuring about 23.50 decimals with other lands of total area 71 decimals situated within mouza Amjhupi P.S. and District-Meherpur, S.A. Khatian No. 158, dag No. 1796 owned and possessed by Niamat Uddin Sheikh, Zasimuddin Sheikh and Motahar Ali Sheikh and accordingly their names were duly recorded in S.A. Khatian No.158. The father of the defendant Nos.1 and 2 purchased the suit land from the heirs of the aforesaid Motaher Ali in favour of the defendant Nos.1 and 2 vide deed No.5572 dated 10.08.1994. As the defendant Nos.1 and 2 were minors so they were possessing the suit land through their father and guardian Shajahan. At one stage that Shajahan decided to sell the suit land for the purpose of sending the defendant No.1 abroad and other benefits of the minors.