MD. LAL MIAH Vs. MD. ANWAR HOSSAIN

JUDGEMENT

(1.) This petition for leave to appeal directed against the judgment and order dated 25.07.2005 passed by the High Court Division in Civil Revision No. 2651 of 1999 making the Rule absolute challenging judgment and decree dated 28.04.1999 passed by the learned 5th Subordinate Judge, Artha Rin Adalat, Mymensingh in O.C. Appeal No.311 of 1997 allowing the appeal reversing those dated 04.09.1997 passed by the learned Senior Assistant Judge, Nandail, Ishwarganj, Mymensingh in Other Class Suit No. 27 of 1995 dismissing the Suit.

(2.) The petitioner as plaintiff instituted Other Class Suit No. 27 of 1995 in the Court of Senior Assistant Judge, Nandail, Moymensingh for declaration against the defendant-respondent alleging, inter alia, that the suit land belonged to Asar Ali and after death of Asar Ali his wife, son and daughter became sharer of the suit property and his wife would look after the property on her behalf and on behalf of her minor son and daughter. The plaintiff-petitioner's mother did not sell the suit property but defendant-respondent created a forged document which his mother did not sell and the plaintiff-petitioner was in possession of the suit land.

(3.) The defendant-respondent contested the suit contending, inter alia, that the suit is not maintainable in its present from and the plaintiff-petitioner's mother for necessity to maintain his family sold the suit property to the defendant-respondent by registered kabala and delivered possession of the same in the year, 1976.