SHAMIM AKTER SHAMA Vs. SONTOSH KUMAR DAS

JUDGEMENT

(1.) By this Rule, the petitioners have challenged the legality and propriety of the order dated 08-03-2015 passed by learned Joint District Judge, Second Court, Dhaka, in Title Suit no. 850 of 2013 allowing an application for amendment of the plaint under Order VI Rule 17 and section 151 of the Code of Civil Procedure( briefly as the Code). Materials facts leading to this Rule are that the plaintiff instituted Title Suit no. 1036 of 2011, subsequently re-numbered as Title Suit no. 850 of 2013 in the first Court of Joint District Judge, Dhaka, under Section 9 of the Specific Relief Act for recovery of possession into the flat described in the schedule land of the plaint stating that Mrs. Safia Ashraf Ali wife of late Syed Ashraf Ali being the owner of the suit plot entered into an agreement with the proforma defendant nos. 3-5 for construction of multistoried building and executed registered power of attorney being deed no. 2202 dated 22-05-2003 who later proposed to transfer the suit flat to him and he agreed to purchase the same at a consideration of Tk. 9,58,500/-. Later he purchased the suit flat by a registered kabala deed no. 6981 dated 24-09-2008 and the possession was handed over to him. He has been paying rent of the flat by mutating his name and took loan for Tk.21,00,000/- from Janata Bank on 14-10-2009 by mortgaging the deed. Subsequently the defendant no.1 dispossessed him on 05-07-2011. Hence the suit.