SONA MIA BEPARI Vs. JAMILA KHATUN

JUDGEMENT

(1.) This appeal following leave is from judgment and order dated 4th June 1982 passed by a Single Judge of the High Court Division, Dhaka in Civil Revision No. 869 of 1979 setting aside the concurrent decision of the courts below and dismissing the suit being Title Suit No. 272 of 1975 of the Second Court of Munsif, Chandpur. 12.

(2.) The original plaintiff No. 1 Kabil Miah Mesteri (since deceased), who was the father of Respondent No. 1 and 3 (defendants 1 and 2), and the Respondent No. 4 (Plaintiff No. 2) instituted the aforesaid suit for declaration that the Hiba-Bil-Ewaz deed dated 22.1.75 (Ext.1 A1) in favour of his (Plaintiff No. 1s) daughters (defendants 1 and 2) was fraudulent, void, illegal and not binding upon the plaintiffs.

(3.) Plaintiffs' case was that plaintiff No. 1 being in need of money decided to mortgage. 20 decimals of land to defendant Nos. 3 and 4 (his son-in-laws) for a consideration of Tk. 500/-. Accordingly plaintiff No. 1 went to Faridgonj S.R. Office on 22.1.75 where the said defendants in collusion with the deed-writer got a deed of Hiba-bil-Ewaz executed in favour of defendants 1 and 2. Plaintiff No. 1 was not aware of the contents of the said deed and he came to know about it on the following day when he demanded the money.