Decided on November 03,2009

Saiful Hoque Appellant
Bangladesh House Building Finance Corporation Respondents


MD.JOYNUL ABEDIN,J. - (1.) This petition for leave to appeal by the plaintiff is directed against the judgment and order dated 2.3.2008 passed by a Division Bench of the High Court Division in Civil Order No.1010 of 2008 discharging the rule affirming the judgment and decree dated 21.1.2008 and 7.9.2003 respectively passed by the learned Additional District Judge, Pabna, First Court, in Title Appeal No.256 of 2003 and the First Court of the Joint District Judge (the then Subordinate Judge), Pabna in Title Suit No.26 of 1995 dismissing the suit on the ground that ....[VARNACULAR TEXT OMITTED]....
(2.) The petitioner as plaintiff instituted Title Suit No.26 of 1995 in the 1st Court of the Joint District Judge, Pabna for declaration of title in the suit land on the averments, inter alia, that the suit land originally belonged to one Zinnat Ali, grand father of the plaintiff. With the consent of the said Zinnat Ali plaintiffs mother Taklima Khatun constructed three-storied building in the suit land between 1969-1979 and the plaintiff with his father and mother has been residing therein. The said Zinnat Ali died leaving one widow, Hasimunnessa and two sons Jalal Uddin and Akkas Ali and thereafter Hasimunnessa died leaving the said two sons. The said Akkas Ali by registered kabala deed dated 13.12.1977 transferred his share in favour of Taklima Khatun (mother of the plaintiff) and on 12.3.1981 by a registered Hebanama Jalal Uddin transferred his share to his wife Taklima Khatun and in this way Taklima Khatun inherited the suit land and mutated her name and also paid government rent etc. Jalal Uddin died on 3.2.1992 and Taklima Khatun died on 18.12.1993 leaving her only son, the plaintiff and the plaintiff has been in possession of the suit land by inheritance. To grab the suit land, respondent created false loan case vide Loan Case No.HB-PAB-38(Multi) dated 25.11.1981 and started Miscellaneous Case No.43 of 1984 (H.B.) under the provision of President's Order No.27 of 1973 and on 26.6.1994 beyond the knowledge of the plaintiff petitioner obtained decree. Hence the title of the plaintiff petitioner in the suit land was clouded and hence the suit was filed.
(3.) The defendant-respondent contested the suit by filing written statement denying the material allegations made in the plaint to the effect that ....[VARNACULAR TEXT OMITTED].... It is further contended that the said case was allowed on 1.4.1987 and execution case being Decree Jari Case No.9 of 1988 was started which is now pending in the Artha Rin Adalat, Pabna, hence the suit is liable to be dismissed. ;

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