Decided on January 20,2009

Md. Ali Bepary Appellant
Garupranjan Chakraborty Respondents


MOHAMMAD FAZLUL KARIM,J. - (1.) This petition for Leave to Appeal is directed against the judgment and decree dated 29-8-2007 passed by the High Court Division in Appeal from Original Decree No.286 of 1993 dismissing the appeal.
(2.) The facts of the case, in short, are that the suit land belonged to Guru Doyal Chakraborty, Ram Charan Chakraborty, Bhabani Charan Chakraborty and Kalipada Chakraborty, of them Guru Doyal Chakraborty proposed to sell the suit property to plaintiff and on the mediation of the local elders, the price of the suit property measuring 7.80 acres of land was fixed at Taka 8,000 and thereafter, he executed an agreement on 30-11-1963 on receipt of Taka 6,000. It was decided between the parties that Guru Doyal would execute a sale deed after receipt of the balance consideration of Taka 2,000 on obtaining necessary permission required for the purpose of registration of a deed. Guru Doyal handed over possession of the suit property in favour of the plaintiff on the same day. Guru Doyal failed to execute the sale deed after obtaining income tax clearance certificate and national certificate. Guru Doyal died on 17-9-1966 leaving behind the defendant Nos.1-6 who tried to dispossess the plaintiffs whereupon he instituted Title Suit No.331 of 1967 in the Court of 2nd Munsif, Chandpur for permanent injunction and subsequently the defendant Nos.1-6 filed a solenama in the suit. The defendant Nos.1-6 did not execute the sale deed despite repeated demands and left this country and pursuant thereto, he instituted a suit being Title Suit No.62 of 1970 in the 3rd Court of Subordinate Judge, Comilla for specific performance of Contract. One Julu Mia Patwari also instituted two suits, one is Title Suit No.62 of 1967 for permanent injunction in respect of the suit property, another being Title Suit No.237 of 1969 for specific performance. All the suits were tried analogous and pursuant to a solenama filed between the parties, the plaintiff got a decree on 23-11-1973. But he failed to get a sale deed registered through the Court as he failed to deposit the balance consideration of Taka 2000. The plaintiff acquired title by adverse possession in the suit land from the date of execution of the agreement.
(3.) The defendant No. 27 contested the suit by filing written statement denying all the material allegations stating, inter alia, that the recorded owners of the suit property Guru Doyal and Ram Charan Chakraborty left this country in 1965 for India and accordingly, the property was declared as enemy property. The plaintiff created a forged agreement with a view to grab the suit property.;

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