KHAIRUNNESSA Vs. SYED MAINUL HAQ

JUDGEMENT

(1.) This petition for leave to appeal has been filed against the judgment of October 28, 2003 of the High Court Division in Civil Revision No. 5775 of 2002 making absolute the Rule obtained against the order dated September 24, 2004 (order No. 161 dated 24-9-2002) of the Court of Joint District Judge and Artha Rin Adalat No.2, Dhaka in Title Suit No. 13 of 1997 allowing an application filed under Order I, rule 10 of the Code of Civil Procedure.

(2.) The suit was filed seeking the decree that the defendant No.1 is a licensee of the plaintiff in respect of the property in suit as well as for khas possession of the property described in schedule B to the plaint upon eviction of the defendant No.1. It was the case of the plaintiff that defendant No.1 was allowed to reside in the land in suit as licensee, that defendant No.1 wanted to purchase some land from the plaintiff but plaintiff having not sold land to the defendant No.1, he hatched up a plan to grab the property and that in connivance with certain Serajuddin brought into existence a deed in 1979 in respect of .32 acres of land, that Serajuddin had no right, title and interest in the land said to have been sold to the defendant No.1. In due course defendant No.1 entered appearance in the suit by filing written statement denying the case of the plaintiff and asserting that defendant's purchase from Serajuddin is quite legal.

(3.) At one stage of the suit a certain Khairunnessa filed an application under Order 1, rule 10 of the Code of Civil Procedure with the prayer for being added as defendant in the suit contending that she has right, title and interest in the property in suit.