ABUL HOSSAIN Vs. JAHIRUDDIN
SUPREME COURT OF BANGLADESH
Click here to view full judgement.
MD.FAZLUL KARIM,J. -
(1.) This review petition is directed against the judgment and order dated 1-8- 1999 in Civil Petition No.7 18 of 1999 of this Division, for the reasons that Gurupada Das Bairagi cannot be connected in any way with the real owner of the property Kamini Kumar Chakaraborth alias Das Bairagi as the former was not his brothers son rather he was the son of Gogendra Nath Bairagi and, as such, terming Gurupada Das Bairagi as nephew of Kamini Kumar Das Bairagi does not hold good inasmuch as in no SA record Gurupada Das Bairagis name came up as owner and the High Court Division erred in law in introducing him as a SA recorded owner with the result that plaintiff became the owner of the suit property by purchase and that the petitioner further urged that the finding that Gurupada Das Bairagi inherited the property of Kamini Kumar Das Bairagi and became the owner of the same by virtue of appearing his name in the SA record was an error apparent on the face of the record.
(2.) This Division while disposing of the civil petition by judgment and order dated 1-8-1999 has found that the plaintiff has purchased the property from Gurupada Das Bairgai in whose name the property was recorded duly backed by possession of the plaintiff and the purchase was during the pendency of the earlier suit between the parties and the appellate Court found that the names of the three brothers or their predecessors have not been recorded in the record of right and the alleged settlement has not been proved by legal evidence. The finding of fact arrived at by the lower appellate Court was concurred by the High Court Division.
(3.) The grounds urged by the petitioner were not new and important matters of evidence. The same were in existence when the matter was disposed of by the Courts below. Mistake or error apparent on the face of the record though cannot be precise or exhaustive, we did not find any such mistake or error apparent on the face of the record for invoking the jurisdiction of review.;
Copyright © Regent Computronics Pvt.Ltd.