MD. WALI MIAH Vs. MUSAMMAT HALIMA BEGUM

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 11.02.2002 (passed by a Single Bench of the High Court Division in Civil Revision No.4088 of 1991 discharging the Rule.

(2.) Short facts are that the plaintiffs proposed to mortgage 10 gondas of land of Plot No. 53 of C.S. Khatian No. 75 of Mouza Korabari within P.S.Kosba, District-Brahmanbaria and the defendant No. 2 agreed to take the land in mortgage for his daughter, defendant No. 1 at a consideration of Tk. 5,000/-. It was agreed that the defendant No.1 would reconvey the land on payment of consideration money. Accordingly plaintiff was taken to Sub-Registrar's Office by the defendant No.3, brother of the defendant No.1. The defendant No. 3 purchased the stamp paper and got the deed scribed by a deed writer of his choice in the absence of the plaintiff. Thereafter, the defendant No.3 hurriedly approached the plaintiff to execute the deed as the Sub-Registrar Office was going to be closed for the day. The plaintiff on bonafide belief and trust executed and registered the deed on the same date. The further case of the plaintiff was that he never sold the suit land to the defendant No.1. The plaintiff remained in possession of the suit land as before.

(3.) The defendant No.1 contested the suit by filing written statement and contended, inter alia, that the plaintiff proposed to sell the suit land along with the shop hut standing on the suit land to the defendant No.1 who agreed to purchase the same at a consideration of Tk.5,000/- and on payment of the consideration money the plaintiff executed and registered the deed in question in favour of the defendant No.1. The further case is that it was settled between the parties that Wali Mia, son of the plaintiff would become a monthly tenant in the shop on the suit land under the defendant No.1 at a monthly rental of Tk.150/- and then handed over the possession to the defendant No.1.