MOSAMMAT ASHRAFEE BEGUM Vs. MD. SIDDIQUR RAHMAN PATWARI

JUDGEMENT

(1.) This petition for leave to appeal has been filed against the judgment dated June 29, 2003 of a Single Bench of the High Court Division in Civil Revision No.46 of 2000 making the Rule absolute obtained against the judgment and decree dated August 26, 1999 of the Court of Additional District Judge, Chandpur in Title Appeal No.60 of 1989 affirming the judgment and decree dated March 19, 1989 of the Court of Assistant Judge, Faridganj, Chandpur in Title Suit No.581 of 1984 decreeing the suit in part.

(2.) The suit was filed seeking declaration that the judgment and decree dated September 25, 1978 of the Court of Assistant Judge, Faridganj in Title Suit No.19 of 1978 is fraudulent, illegal and not binding upon the plaintiffs. As it appears the said decree was obtained in respect of 6.28 acres of land. Title Suit No.581 of 1984 was filed by the predecessor of the Opposite Party Nos. 1(a-h), 2-7, 8(a-c), 9(a-i) and 10-12 as plaintiffs seeking the aforementioned relief. In the aforesaid suit i.e. Title Suit No.581 of 1984 Nuruzzaman Patwari i.e. predecessor of the petitioner Nos. 1(a-h) in the revisional application, Upazilla Nirbahi Officer, Faridganj, Government of Bangladesh, Chitta Ranjan Chakravarty and Nakuleswar Chakravarty were impleaded as defendants.

(3.) It was the case of the plaintiffs that Umesh Chandra Chakravarty and Nakuleswar Chakravarty were the owners of the land in suit as well as some lands of Mouza Chawranga. They had also property in India. Umesh Chandra Chakravarty and Nakuleswar Chakravarty on the basis of family arrangement between them, Nakuleswar Chakravarty got the property in India and Umesh Chandra Chakravarty got the property in Pakistan. Umesh Chandra Chakravarty had a son by name, Biggya Ranjan and he became untraceable long back that Umesh Chandra Chakravarty had a daughter Labonya Probha, that said Labonya was married to Monoranjan and he was living in the house of his father-in-law. Umesh gifted his property to Monoranjan and Labonya. Monoranjan sold to the plaintiff 65 decimals of land by the kabala dated March 28, 1973 and the said kabala was presented for registration on March 29, 1973. Labonya died leaving sons, Haradhan Chakravarty and Arun Kumar Chakravarty. They inherited the property of their parents. Haradhan Chakravarty gifted his entire property to Arun Kumar Chakravarty by the deed of gift dated December 28, 1973, that Arun sold 1.30 acres of land to the plaintiff Nos.1-4 by the kabala executed on November 1977. Arun Kumar Chakravarty also sold 22 , decimals of land to the plaintiff No.5. Arun Kumar Chakravarty sold 26 decimals of land to the plaintiff No.6 and also sold 26 /2 decimals of land to the plaintiff No.7. Arun Kumar Chakravarty sold 1 acre of land to plaintiff No.8 and also sold 821/2 decimals of land to the plaintiff No.9. Arun Kumar Chakravarty sold 26 decimals of land to plaintiff No.7 and 33 decimals of land to plaintiff No.10. Arun Kumar Chakravarty also sold 52 decimals of land to plaintiff No.6 arid 333 decimals of land to plaintiff No.11. Arun Kumar Chakravarty sold 48 decimals of land to plaintiff No.12, that plaintiffs and Monoranjan filed Suit No. 10 of 1974 in the 2nd Court of Munsif (now Assistant Judge), Chandpur and in the said suit Siddiqur Rahman and others were the defendants and in the said suit son of the defendant No.1 entered into a compromise, that defendants having had the knowledge about the transfers to the plaintiffs created fabricated documents showing Monoranjan as the executent of the said kabalas and that filed a suit being No. 29 of 1978 and obtained ex-parte decree resorting to fraud.