QUADERABAD HOUSING ESTATE LIMITED Vs. G.K.MOINUDDIN CHOWDHURY

JUDGEMENT

(1.) Plaintiff has preferred this appeal being aggrieved by the judgment and decree dated 06.11.2007 passed by the learned Joint District Judge, 3rd Court, Dhaka in Title Suit No.19 of 2007 rejecting the plaint of the suit under the provision of order VII Rule 11(d) of the Code of Civil Procedure, read with section 7 of the Arbitration Act, 2001.

(2.) Plaintiff appellant instituted Title Suit No. 19 of 2007 in the 3rd Court of Joint District Judge, Dhaka impleading the present respondents as defendants for a declaration that the deeds of transfer described in the schedule-B to the plaint are void illegal, inoperative and not binding upon the plaintiff and for recovery of khas possession of the land described in the schedule to the plaint after evicting the defendants No. 2-83.

(3.) Plaintiffs case, in short, is that the plaintiff Quaderabad Housing Estate Ltd. is a Private Limited Company duly registered at the office of Register Joint Stock Companies and the plaintiff company was framed to carry on business on real state, building, apartment and other business. The properties descried in schedule A to the plaint were purchased by late Abdul Qader Chowdhury, Abdul Momin Chowdhury, Abdul Barek Chowdhury and Abdul Barek and sons limited on different dates and years from the rightful owners and possessors. After such purchase they mutated their respective names in the office of the Revenue Authority, paid rent and got rent receipts. Subsequently amicable agreement was made between them and according to the said amicable agreement Abdul Momin Chowdhury got the landed properties described in schedule-A to the plaint. Abdul Momin Chowdhury also purchased some properties, which form part of the schedule-A property. He also amalgamated his own purchased property with that of the inherited properties and for better and more beneficial use of the properties he desired to form a Real Estate Business and Alhaj Abdul Momin Chowdhury was made the Managing Director of the Company. The power of issuing allotment of plot, receipt of consideration, execution, registrations of document absolutely vest with the Managing Director Mr. Abdul Momin Chowdhury. The Articles of Association of the company do not empower any other Director to transfer the properties of the Real Estate. Mr. G. K. Moinudddin Chowdhury, the defendant No.1 is the eldest son of Alhaj Abdul Momin Chowdhury. He was not promoter director or a share holder of the Real Estate Company.