GOVERNMENT OF BANGLADESH Vs. MOHAMMAD ALI KHONDOKER

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 25.02.2003 passed by a Single Bench of the High Court Division in Civil Revision No. 1303 of 1995 making the Rule absolute.

(2.) The plaintiff filed Other Class Suit No.81 of 1990 in the Court of Assistant Judge, Ulipur, District-Kurigram for setting aside the ex-parte decree dated 15.11.1974 passed in Other Class Suit No.575 of 1974 stating, inter alia, that the suit holding recorded in C.S. Khatian No.32 belonged to Formani Bibi. The jote was sold in auction for arrears of rent in execution of decree obtained in rent suit and the ex-landlord auction purchased the land and made the same khas. The R.S. Khatian was correctly prepared in the name of the plaintiff. Thereafter the plaintiff leased out the suit land to Md. Mojibur Rahman and Mokter Ali, sons of Hasem Ali for a period of 15 years on the basis of two registered lease deeds. The documents regarding acquisition of ownership by the ex-landlord were gutted by fire during the war of liberation in 1971. Taking advantage of the situation, the defendants instituted Title Suit No.575 of 1974 and obtained an ex-parte decree on 15.11.1974 on the basis of some forged and fraudulent documents by suppressing service of summons upon the present plaintiff. The plaintiff came to know about the ex parte decree in question on 31.07.1989 and then filed the suit.

(3.) The defendant contested the suit by filing written statement denying the material allegations made in the plaint.