Decided on July 21,2009

Most. Selina Banu Bewa Appellant
Most. Jamila Khatun Respondents


MD.TAFAZZUL ISLAM, J. - (1.) This petition for leave, at the instance of the defendant/petitioners, is directed against the order dated 3.3.2008 of the High Court Division passed in Civil Order No. 1711 of 2008 summarily dismissing the revisional application filed impugning the judgment and decree dated 17.9.2007 of the learned Joint District Judge, 1st Court, Bogra passed in Other Appeal No.73 of 2002 affirming those of dated 13.2.2002 of the learned Senior Assistant Judge, 1st Court Bogra passed in Other Suit No. 75 of 1991 decreeing the suit.
(2.) The respondent No.1 filed the above suit seeking cancellation of partition Deed No.77 and also the Deed of Gift No.772 both dated 6.1.1985 registered at the Bogra District Registry on the averments that she is the owner of the suit land by purchase and that the defendant No.1, the predecessors of the present petitioners and the respondent No.2, along with one Abdus Samad, the brother of the defendant No.1, came to her house and requested her to give decimal of land for the road and she having agreed went to the Registry Office and in good faith executed registered the deed of gift in favour of the petitioners and then on 4.1.1991 the defendant No.1 disclosed to her that the suit land has been partitioned and then on search she came to know about the aforesaid deeds which were obtained by practicing fraud inasmuch as she intended to make a gift only decimals of land in favour of defendant Nos. 1 and 2 for road but they, upon practicing fraud, concocted the said deed of partition.
(3.) The defendant petitioners contested the suit and filed written statement contending that on 6.1.1985 the petitioners and the defendants executed a deed of partition and the plaintiff also executed deed of gift and the defendant No.1 built a pacca house on the land he got by partition and he had been possessing the same and the suit is false.;

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