Decided on January 15,2009

Golam Mostafa Respondents


MOHAMMAD FAZLUL KARIM,J. - (1.) This petition for Leave to Appeal is directed against the judgment and order dated 07.08.2007 passed by the High Court Division in Civil Revision No.1275 of 2007 discharging the Rule affirming the judgment and order dated 06.03.2007 passed by the Additional District Judge, 2nd Court, Dhaka in Civil Revision No. 292 of 2006 reversing the order dated 1,05.06.2006 of the Senior Assistant Judge, 6th Court Dhaka in Title Suit No.221 of 2004 rejecting an application of respondent Nos.1-11 filed under Order I rule 10(2) of the Code of Civil Procedure for addition of party.
(2.) The facts of the case, in short, are that the land measuring 30 decimals in the C.S. Plot No. 883 of C.S. Khatian No. 211 under mouza Jatrabari, P. S. Demra, Dhaka, belonged to Rambramhan Tior and Ram Doyal Tior in equal share and their names were recorded in C.S. record; That on their death the defendant No.12-14 inherited their properties and proposed to sell 18 decimals out of the land and that the plaintiffs had agreed to purchase the same at highest market price of TK. 4,00,000.00 and that accordingly, the plaintiffs and the defendant No. 12-14 entered into an agreement for sale on 03.07.1998 on receipt of TK.2,00,000.00 as earnests money and that possession of land was handed over to the plaintiff-petitioners on the same day where the plaintiff-petitioners are living with their families. It was provided in the said agreement that on receipt of balance consideration the defendant No.12-14 would execute and register the sale deed; that the defendant No. 12-14 received TK. 1,75,000.00 on different dates between 10.12.1991 and 30.12.2003 by signing on the back of the agreement; that on 03.04.2004 the defendant No.12-14 expressed that the value of the land has increased as such if the increased value is not paid they would not execute and register the sale deed; that on 10.06.2004 the plaintiff-petitioners offered balance TK.25,000.00 and requested for registration of sale deed but the defendant No. 12-14 refused to receive the same execute the sale deed and hence the suit.
(3.) The defendant No.12-14 contested he suit by filing written statement admitting the execution of agreement for sale dated 03.07.1988, the price of the land and receipt of the earnest money of TK. 200,000, and handing over of possession and subsequent receipt of TK.1,75,000.00 and further contended that the plaintiff dragged them over long time causing loss to them and the price of land has increased and expressed their readiness to execute sale deed at a higher price; That the defendant No.15 contested the suit stating that the suit land was included in the vested property list. The plaintiff-petitioners, thereafter, amended the plaint stating that in the judgment and decree dated 01.01.2005 in Title Appeal No. 449 of 2002 of the Additional District Judge, 6th Court, Dhaka arising out of Title Suit No. 12 of 1998 of the Additional Joint District Judge, Dhaka it be declared that the suit property was not vested property and the defendant No.12-14 have title in the suit land.;

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