MD. JOYNAL Vs. MD. RUSTAM ALI MIA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order in Civil Revision No. 1255 of 1979 passed by the High Court Division.

(2.) The respondents Nos. 1 and 2 filed Title Suit No. 200 of 1974 in the Court of Munsif, Natore for a declaration that the 4 kabalas alleged to have been executed by them on 24.5.73 in favour of the defendants appellants were hit by section 23 of the Contract Act and also for possession of the land.

(3.) Plaintiff's case was that the land described in schedule Ka of the plaint belonged to Haji Mohan Ali and Abdul Hoque who out of this land sold Ka schedule land to some other party in 1970 and sold the Kha schedule land to the plaintiff by executing kabala on 18.9.70 but the kabala was not presented for registration and the vendors refused to register the same when the plaintiffs presented it to the Sub-Registrar Office and got the same registered The defendant Abdul Hannan and others filed Criminal case against the plaintiff under section 144 Cr. P. C. and subsequently the proceeding was drawn up under section 145 Cr. P. C. and a receiver was appointed. The defendant Joynal Abedin brought a Criminal case against plaintiff No. 1 and his relation under section 385/148/448 and warrants were issued. Another case brought against the plaintiff under section 143 and 379 B.P.C Plaintiff's further case was that a salish was held by the relations of defendants and the plaintiffs and in pursuance of the salish the plaintiff was directed to execute kabala in favour of the defendant who in turn withdrew the criminal cases. Accordingly the kabala was executed and defendants withdrew the Criminal case. The plaintiff contended that the kabalas concerned in Kha schedule land were without consideration and the plaintiffs executed them in the face of pressure of the Criminal cases and they were of no effect.