SHER MOHAMMAD Vs. MD. MUNSUR ALI

JUDGEMENT

(1.) This Petition for leave to appeal has arisen against an order dated 5.8.2009 of a learned Single Judge of the High Court Division in Civil Revision No. 1776 of 2000 making the Rule absolute setting aside the judgment and decree of the appellate court in Title Appeal No. 188 of 1998 of the 1st Court of the Subordinate Judge (now Joint District Judge) Nawabganj upon restoring those of the trial court in other class Suit No.38 of 1987.

(2.) The respondents as plaintiffs instituted other class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deed dated 13.1.1974 allegedly given by the predecessor of the plaintiffs in favour of the defendant Nos.1-6 is forged, collusive, illegal and created by false personification and as such the same is ineffective and not binding upon the plaintiffs and also for partition of the property as given in ka, kha, and Ga schedule of the plaint stating, inter-alia, that the suit land, as given in schedule ka, kha, and Ga of the plaint, originally belonged to Bilat Ali Mondal, the predecessor of the plaintiffs and the defendants; that Bilat Ali Mondal married seven times, who died leaving behind his last wife Fakimon Bibi, the mother of the plaintiffs; that before his death he transferred some properties measuring 1.23 acres of land on 12.01.1961 in favour of the mother of the plaintiffs in lieu of her dower, besides this he did not transfer any land to any body; that the defendants claimed land by two Heba-Bil-Ewaz deeds were created after the death of their father Bilat Ali Mondal by false personification. Hence the suit.

(3.) The present petitioner as defendants contested the suit by filing written statement denying the case of the plaintiffs stating, inter alia,that the suit of the plaintiffs is not maintainable inasmuch as there was no cause of action to institute the suit; that the suit is barred by limitation and bad for defect of parties; that the defendants case is that the suit land originally belonged to Bilat Ali Mondal, who transferred the suit land to defendant Nos.1-6 by executing two Heba-Bil-Ewaz deeds; that the alleged deed dated 12.1.1961 in favour of the mother of the plaintiffs is false, forged and fabricated and as such the suit is liable to be dismissed.