RUPE JAHAN BEGUM Vs. LUTFE ALI CHOWDHURY

JUDGEMENT

(1.) This appeal by the defendants, following leave, is directed against the judgment and order dated 18 April 1993 passed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment.

(2.) The decision of this appeal turns upon the question whether the High Court Division, in exercise of its powers under section 115 of the Code of Civil Procedure, acted beyond its jurisdiction, in setting aside the concurrent findings of the first two courts below and sending back the case on remand.

(3.) The facts are brief. One Ali Akbar Chowdhury instituted Other Suit No. 10 of 1982 in the Third Court of Munsif, Chittagong for declaration that defendant No. 1, his eldest daughter was his benamder in respect of the suit lands described in schedules 1-5 to the plaint and he was the ostensible owner of the same. A further declaration was sought to the effect that the registered Heba-bil-Ewaj executed by defendant No. 1 in favour of her husband, defendant No. 2, was void and not binding upon him.