MD. ABDUL MUTTALIB Vs. MD. ABDUL WAHAB

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 19.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 1386 of 2002 discharging the Rule.

(2.) The plaintiffs instituted Title Suit No. 44 of 1994 in the Court of Senior Assistant Judge, Jhenidah for a declaration that the registered deed dated 24.03.1988 being No.2969 of 1988 is forged, collusive, inoperative and not binding upon the plaintiffs alleging, inter alia, that the land appertaining to C.S. Khatian No. 320, S.A. Khatian No. 402, Plot No. 193 measuring an area of 26 decimals of mouza Ahammadabad belonged to Keshob Chandra who sold .7 decimals in favour of Bachiruddin and others. Keshob Chandra also sold .7 decimals of land by kabala dated 13.03.1978 and by another kabala deed dated 30.03.1979 in favour of Tahasuddin. After transfer Keshob had only .11 decimals of land and he again transferred .7 decimals of land by deed of gift dated 29.03.1980 in favour of his son Mohendra. After the said transfer Keshob had only .4 decimals of land in his share. He then died leaving only son Mohendra who transferred .7 decimals of land by kabala deed dated 24.12.1981 in favour of the plaintiff who possessed the land. When the plaintiff went to the Local Revenue Office to get his name mutated, he learnt that in his kabala dated 24.12.1981 in place of Plot No.193 Plot No.194 was wrongly written. The further case is that the defendant No.1 created a kabala deed dated 21.04.1988 showing transfer of .5 decimals of land in his favour by Pankoj, Taposh and Asim, Sons of Bashu Deb, full brother of Mohendra. The plaintiffs further allegation is that the kabala deed dated 21.04.1988 is a forged deed as Pankaj, Taposh and Asim are all Indian citizens and they never came to Bangladesh and never executed the document.

(3.) The defendants contested the suit by filing a written statement denying the material allegations made in the plaint. Their case is that Keshob Chandra was the owner of the suit land. He transferred .7 decimals of land in favour of Bachiruddin and others and also transferred another .7 decimals of land in favour of Tahasuddin by 4 kabala deeds dated 01.08.1984 and 02.08.1984 and transferred .4/2 decimals of land in favour of Tahasuddin by 4 kabala deeds dated 01.08.1984 and 02.08.1984 and transferred .4 decimals of land in favour of Shapna. After the said transfer Keshob had .11 decimals of land and he died leaving behind three sons Taposh, Pankoj and Asim. Thereafter, Taposh, Pankoj and Asim transferred .5 1A decimals of land by the kabala in question dated 24.03.1988 in favour of the defendant No.1 at a consideration of Tk.20,000/-. The defendant got .10 decimals from Plot No. 193. The further case is the defendant sold .1 decimals by a kabala deed dated 14.04.1988 in favour of Bedena Khatun, wife of the plaintiff and also sold .2 decimals of land by kabala deed dated 16.04.1988 in favour of Abdus Sattar who sold the same in favour of the plaintiff. The further allegation is that the defendant No. 1 is in possession of .8 decimals of land. The further case is that Taposh and others, sons of Bashu Deb are the inhabitants of Bangladesh. Taposh and others were present at the time of registration of the deed. The deed in question was found valid in preemption case No. 149 of 1988.