MD. ASHRAFUL ALAM Vs. MD. NAZRUL ISLAM

JUDGEMENT

(1.) The petitioner (defendant-appellant) seeks leave to appeal against the judgment and order dated 25-07-2007 passed in Civil Revision No. 1837 of 2003 by the learned Single Judge of the High Court Division making the Rule absolute by setting aside the judgment and decree dated 30-11-2002 passed in Title Appeal No. 251 of 2000 by the learned Joint District judge, 1st Court, Natore, reversing the judgment and decree dated 13-09-2001 passed in Title Suit No. 96 of 1994 by the Assistant Judge, Singra, Natore decreeing the suit.

(2.) The case of the plaintiff, in short, is that the plaintiff Jobeda Bewa, a widow, used to stay under the care of defendant No.1 and she was the owner of 3.55 acres of land and subsequently when the plaintiff was suffering from paralysis and was confined to bed. The defendant No. 1 taking advantage of her illness, managed to create a deed in collusion with the scribe and the plaintiff was not acquainted with the fact of the existence of the deed and the defendant created the deed on taking left thumb impression on the plea of treatment, thereafter, the plaintiff was sent to her father's residence and subsequently the plaintiff came to know about the existence of the deed and hence the suit.

(3.) The defendant No. 1 contested the suit by filling written statement, stating, that to meet the cost of treatment, the plaintiff sold the land in question in favour of defendant No. 1 and the deed was executed and registered on receiving the consideration money and now the plaintiff cannot pray for a cancellation of the registered kabala deed and thus the suit is liable to be dismissed.