MD. FARID KHAN Vs. MD. DELOWER HOSSAIN

JUDGEMENT

(1.) This is a petition for leave to appeal in respect of the judgment and order dated 17.12.2008, passed by the High Court Division in Civil Revision No.371 of 2000, in making the Rule absolute and dismissing the suit.

(2.) The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the plaintiff by a saf kabala deed No. 37155 dated 11.06.1979 and handed over possession of the same in his favour. But suddenly on 28.08.1996, Alauddin Sarder, the father of the defendant Nos.1 to 3, gave out that he is the owner of the suit property by virtue of a registered Heba-bil-Ewaz executed by one Shajahan, son of Jabbar Sarder, in his favour.

(3.) As such, the petitioner filed a suit being the Title Suit No.37 of 1996, in the Court of Assistant Judge, Louhajong, Munishiganj, praying for a decree for cancellation of the Heba-bil-Ewaz deed being the Deed No.880 dated 03.04.1978. The respondent Nos.1 to 3 contested the suit by fling a written statement denying all material averments made in the plaint. The Trial Court, after hearing, dismissed the suit by his judgment and decree dated 31.03.1998. On appeal, the learned Subordinate Judge, Munshiganj, allowed the appeal and decreed the suit by his judgment and decree dated 24.03.1999. Being aggrieved, the defendant Nos.1 to 3, preferred the Civil Revision No.371 of 2000 in the High Court Division.