MD. ASHEQUE ALI Vs. MD. SHAMSUL HOQUE SARDER

JUDGEMENT

(1.) This leave petition at the instance of defendant petitioner is against the judgment and order dated 18th May 2008 of a Single Bench of the High Court Division in Civil Revision No. 3710 of 2004 affirming those dated 17th July, 2004 of the Joint District Judge, 2nd Court, Gaibandha in Other Class Appeal No. 50 of 2003.

(2.) Respondent Nos. 1 and 2 instituted Title Suit No. 87 of 2000 in the Court of Senior Assistant Judge, Sundargonj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who proposed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haque executed a deed of agreement on receipt of Tk. 25,000/-(Taka twenty five thousand) out of total consideration of Tk. 34,500/- (Taka thirty four thousand five hundred). It had been stipulated therein that he would execute a sale deed in favour of the plaintiffs on receipt of the balance amount after mutating the suit property. As per terms of the agreement the plaintiffs requested in January, 2000 to execute and register the sale deed but the defendant with some false pleas took time and finally on 1st April, 2009, the defendant refused to execute and register the sale deed.

(3.) The petitioner contested the suit by filing a written statement denying the material allegations made in the plaint. His case is that he did not execute any agreement for sale of the suit land as alleged in the plaint and that the plaintiffs taking advantage of his illiteracy created a collusive deed. As a matter of fact, he executed a deed of mortgage at a consideration of Tk. 25,000/-. The suit is, therefore, liable to be dismissed.