ABDUL BAKI Vs. FAROOQUE AHMED

JUDGEMENT

(1.) The petitioners seek Leave to Appeal by way of review of the judgment and order dated 25-6-2005 passed by this Division in Civil Petition for Leave to Appeal No. 329 of 2005 against the impugned judgment and order dated 10-1-2005 passed by the High Court Division in Civil Revision No. 2908 of 2004 discharging the Rule issued against those dated 7-8-2004 of the Additional District Judge, Manikgonj in Civil Revision No.10 of 2004 affirming the interim order of temporary mandatory injunction dated 30-3-2004 passed by the Senior Assistant Judge, Manikgonj in Title Suit No. 60 of 2001.

(2.) The respondent filed the suit for permanent injunction restraining the petitioners from dispossessing him forcibly from the suit property and of taking any possession thereof and also from disturbing him with his peaceful possession therein stating, inter alia, that his father, Abdur Rahman acquired the suit property from the Industrial Corporation Limited on the basis of an agreement dated 24-3-1954 and purchased shares of the company and subsequently the plaintiff's father orally gifted the suit property to the plaintiff and that after the death of Abdur Rahman the plaintiff started a Miscellaneous Case No. 273 of 1974 for setting aside the ex parte decree obtained by one Afseruddin Ahmed in Title Suit No. 99 of 1967 and obtained a decree and in execution thereof got possession of the suit land through Court and since then he has been in exclusive possession of the suit land. The plaintiff constructed a cinema hall on the suit land but as the cinema business was found not profitable, the plaintiff decided to construct a market on the suit land and got a plan passed from Manikgonj Pourashava in 1987 and started construction of wall and completed the first floor and undertook to construct the second floor and let out 31 shops of the first floor keeping some space for his own purpose. According to the plaintiff, some of the defendants gave nadabipatra relinquishing their claims in the suit land and that the defendants have no title or possession in the suit land.

(3.) After the institution of the suit on 10-6-2001 the plaintiff made a prayer for temporary injunction to restrain the defendants from dispossessing the plaintiffs forcibly from the suit property and also from disturbing in any way the plaintiff's possession therein.