GOLAM SARWAR Vs. MST. ANWARA BEGUM

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment dated March 30, 2005 of a Single Bench of the High Court Division in Civil Revision No. 4357 of 2004 discharging the Rule obtained against the judgment and order dated August 7, 2004 of the 3rd Court of Additional District Judge, Sylhet in Miscellaneous Appeal No. 7 of 2004 affirming the order dated January 1, 2004 of the 2nd Court of Joint District Judge, Sylhet in Title Suit No. 237 of 2003. The trial Court by the aforesaid order allowed the prayer for temporary injunction made by the plaintiffs and by the self same order rejected the prayer for temporary injunction made by the defendant Nos. 1-6. The trial Court by its order of temporary injunction restrained the defendants from dispossessing the plaintiff from the land in suit till disposal of the suit.

(2.) The defendants filed a petition seeking injunction against the plaintiffs for restraining them from changing the nature and character of the land in suit by dispossessing the defendants and also for restraining the plaintiffs from transferring the land in suit elsewhere.

(3.) The suit was filed seeking declaration that the kabala bearing No. 5994 of the year 1969 executed by Md. Aslam in favour of the defendants is illegal, fraudulent and not binding, upon the plaintiffs. It is the case of the plaintiffs that the land in suit belonged to Munshi Abdul Halim and he gifted the same to Abdul Mazid who transferred the same to his wife Sayeda Banu in lieu of dower and delivered possession to her, that Sayeda Banu died leaving behind only son Abdur Rouf and the plaintiffs inherited the land left by Abdur Rouf and they are possessing the same, that the defendants are claiming the land on the basis of fictitious kabala dated March 31, 1969.