KM ZAHIRUL HAQUE Vs. SHAHIDA KHANAM

JUDGEMENT

(1.) This appeal, by leave, is by the defendant against the judgment dated May 17, 2001 of a Single Bench of the High Court Division in Civil Revision No. 2310 of 1996 making the Rule absolute obtained against the judgment and decree dated June 27, 1996 of the Additional Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Appeal No. 67 of 1994 reversing the Judgment and decree dated January 29, 1994 of the 5th Additional Court of Assistant Judge, Dhaka in Title Suit No. 219 of 1992/39 of 1993 decreeing the suit and thereupon declaring the decree dated April 26, 1989 obtained in title Suit No. 291 of 1985 is not binding on the plaintiff.

(2.) The suit was filed seeking the following relief:

(3.) The suit was filed upon averring, inter alia, that the property shown in the schedule attached to the plaint was owned by Syed Rafiuddin Ahmed on the basis of the lease dated January 28, 1964 taken from the Government and said Syed Rafiuddin Ahmed sold the property so obtained by lease to Mrs. Anowara Begum (plaintiff's vendor) on July 25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day also appointed an attorney to complete the registration of the kabala in respect of the land as regard which plaintiff's vendor Anowara Begum entered into an agreement for sale and the attorney registered the kabala on 16-10-1988. It is the case of the plaintiff that since her date of agreement she is possessing the property in suit by obtaining electricity, gas and WASA connection and also after purchase mutated her name and paying rent and rates to the Government and other Organisations. The further case of the plaintiff is that the defendant No. 1, i.e. appellant herein, without impleading the plaintiff obtained an ex parte decree on April 26, 1989 in Title Suit No. 291 of 1985. It may be mentioned the said suit was filed seeking specific performance of the contract for sale of the property in question dated November 9, 1979 between the defendant No. 1 and Syed Rafiuddin Ahmed. In the background of the aforesaid facts plaintiff filed the suit seeking the relief as mentioned hereinabove.