BEGUM LUTFUNNESSA Vs. MD. SHAFIULLAH

JUDGEMENT

(1.) This petition for review has been filed against the judgment dated May 18, 2003 dismissing the Civil Appeal No. 77 of 1997. The appeal was filed against the judgment and decree dated January 16, 1997 of a Division Bench of the High Court Division passed in First Appeal No.1 of 1988 allowing the appeal and thereupon sending the suit back to the trial Court for disposal with Title Suit No.39 of 1933.

(2.) The first appeal was filed against the judgment and decree dated September 13, 1986 of the 1st Court of Subordinate Judge, Dhaka passed in Title Suit No. 50 of 1984 dismissing the same upon directing the defendant No. 1 to refund Tk. 12,00,000/- to the plaintiffs and the defendant No. 3.

(3.) Title Suit No. 50 of 1984 was filed seeking decree for specific performance of contract of sale of land claimed to have been entered into by the defendant No.1 on November 5, 1973 with the plaintiffs and defendant No.3.