DELIPJAN Vs. SHAHED BADSHA

JUDGEMENT

(1.) This appeal by leave by the defendants-appellants arises out of the judgment and order dated 20.08.2006 passed by the High Court Division in Civil Revision No.1104 of 1993 making the Rule absolute and reversing the judgment and decree dated 18.03.1993 passed by the learned Additional District Judge, Eighth Court, Dhaka in Title Appeal No.120 of 1991 reversing the judgment and decree dated 31.01.1991 passed by the learned Assistant Judge, Dhamrai, Dhaka in Title Suit No.65 of 1989 decreeing the suit.

(2.) The facts, leading to this appeal, in brief, are as follows:

(3.) The trial Court upon hearing the parties by its judgment and order dated 31.01.1991 decreed the suit. Against the judgment and decree passed by the trial Court, defendant Nos.1-7 preferred Title Appeal No.120 of 1991 before the learned District Judge, Dhaka. On transfer, the appeal was heard and disposed of by the learned Additional District Judge, Eighth Court, Dhaka, who by his judgment and order dated 18.03.1993 allowed the appeal setting aside the judgment and decree passed by the trial Court.