HARUNUR RASHID Vs. MOSAMMAT YARUN NISSA

JUDGEMENT

(1.) This Civil Petition for Leave to Appeal is directed against the judgement and order dated 31.07.2012 passed by a Single Bench of the High Court Division in Civil Revision No. 1320 of 2010 making the Rule absolute.

(2.) Facts of the case, in brief, are that one Pran Bollav Sarker as plaintiff filed Title suit No. 143 of 1969 in the First Court of Subordinate Judge, Dhaka, praying for declaration of title and further declaration that the ex parte decree dated 13.09.1967 passed by the same Court in Title Suit No. 166 of 1966 is void, illegal, fraudulent, inoperative and has no legal effect.

(3.) The case of the plaintiff was that he owned and possessed 16 annas share comprising an area of 1.73 acres of land of Mouja Dania and 0.30 acre of land of Mouja Matuail by way of inheritance and by purchase. One Md. Tayab Ali, the original defendant, on the basis of an agreement for sale obtaining an arbitration award instituted Title Suit No. 166 of 1966 in the First Court of Subordinate Judge, Dhaka and obtained an ex parte decree. Subsequently, he filed Title Execution Case No. 57 of 1967 procuring a forged Vokalatmana in the name of Pran Bollav Sarker and collusively suppressing all process of this suit obtained an order of attachment of the suit land on 19.04.1969. Hence, the plaintiff filed the instant suit.