MIR ABDUL ALI Vs. MD. RAFIQUL ISLAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the High Court Division in Civil Revision No. 720 of 1984 reversing the concurrent judgment of the Munsif, 4th Court, Narayanganj and of the Subordinate Judge, 3rd Court, Dhaka.

(2.) Respondent filed Title Suit No. 355 of 1976 for mere declaration of his title to the suit land and by subsequent amendment of the plaint he prayed for permanent injunction.

(3.) The trial court dismissed the suit and found that the plaintiff never had got the possession of the suit land. It was noticed that the plaintiff claimed to have purchased the suit land at a consideration of Tk. 3,000/- on 8.7.1974 but on evidence it was established that the defendant entered into agreement to purchase it at a consideration of Tk. 8000/- on 30.12.72. It was observed: "that he got the delivery of possession of the suit land just after execution of the bainapatra in his favour in 1972". In this view of the matter the trial court dismissed the suit. On appeal the Appellate Court below noticed that the plaintiff introduced a new story that his father possessed the land before his purchase as borgather of Alauddin Bhuiyan. But the evidence shows he was silent about his dispossession in the 1st petition for amendment of the plaint." Whereas from the evidence of the plaintiff it appeared "that he was dispossessed from the suit land on the date of filing of the suit." In view of the evidence, the Appellate Court dismissed the appeal.