SAHEB ALI DEWAN Vs. MD. ZAHIRUL HOQUE DEWAN
SUPREME COURT OF BANGLADESH
Saheb Ali Dewan
Md. Zahirul Hoque Dewan
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MD.JOYNUL ABEDIN,J. -
(1.) This petition for leave to appeal at the instance of the defendant is directed against the judgment and order dated 10.3.2008 passed by a Single Bench of the High Court Division in Civil Revision No. 1079 of 2008 rejecting the revisional application summarily affirming the judgment and decree dated 31.1.2004 passed by the Joint District Judge, 1st Court, Manikgonj in title Appeal No.133 of 2002 and also the judgment and decree dated 29.4.2002 passed by the learned Assistant Judge, Manikganj decreeing the suit in Title Suit No.128 of 2000.
(2.) The respondent as plaintiff instituted Title No.128 of 2000 in the court of the Assistant Judge, Manikganj against the defendant petitioner praying for a decree for permanent injection restraining the defendant petitioner from dispossessing him from the suit land claiming the suit land on the basis of a deed of exchange dated 22.8.1988 and also the exclusive possession therein.
(3.) The defendant petitioner contested the suit by filing written statement contending, inter alia, that the plaintiff did not get the suit land on the basis of any deed of exchange and that the defendant was not aware of Title Suit No.317 of 1973, did not receive any summons of the said suit, did not know about the mutation of the plaintiffs name on the basis of the decree passed in the said suit. The defendant alleged that he has title and possession in the suit land and prayed dismissal of the suit.;
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