MST. SUFIA KHANAM MST. @ SUFIA KHATUN Vs. MD. ABDUL ROUF @ TARA MIAH

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 13.12.2005 passed by a Single Bench of the High Court Division in Civil Revision No.2716 of 2001 making the Rule absolute.

(2.) The plaintiff instituted Other Class Suit No.6 of 1998 in the Court of Assistant Judge, Muktagacha, Mymensingh for declaration that the deed of sale described in the 2nd schedule of the plaint in respect of the property described in the first schedule of the plaint is forged, void, without consideration and not acted upon stating, inter alia, that defendant No. 2 was the owner of the 1st schedule property shortly the suit property by inheritance. He exchanged property with some property of the plaintiff by a registered deed of exchange dated 22.09.1983. Since then the plaintiff has been in possession of the property. He also got his name mutated and has been paying rent for the property. The defendant No.2 with ill motive to grab the property created a sale deed dated 13.10.1997 with false personification of the plaintiff. The name of the plaintiff is Md. Abdul Rouf but it was mentioned in the deed as Md. Abdur Rouf. The deed was created in favour of defendant No.1, wife of defendant No. 2. The plaintiff neither sold the property on 30.10.1997 nor did any other date and he not receive any consideration money for the property from defendant No.1 The deed is forged, without consideration, void and not acted upon.

(3.) The defendant contested the suit by filing a written statement contending, inter alia, that the original owner of the property was the father-in-law of defendant No.1 and father of defendant No. 2. After the death of Abbas Ali Miah the father of the defendant No. 2 there was no guardian of the family and it was difficult for his minor children to look after the properties left by him. During that period some persons created some forged deed and grabbed some of the properties left by the father of defendant No.2. The property is a pond beside the homestead of Abbas Ali Miah. The plaintiff created a forged deed of exchange in order to grab the property although he was never in possession thereof. However, there was a local salish over the matter and accordingly the plaintiff executed and registered the sale deed in question in favour of the defendant No. 1.