MD. RABIUL AWAL @ SOHEL MIAH Vs. MD. ABDUR RAB @ ABDUR RAB

JUDGEMENT

(1.) Delay of 2 days is hereby condoned. This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated 14.12.2004 passed by the High Court Division in Civil Revision No.1931 of 2000 (heard analogously with Civil Revision No.2197 of 2000) reversing judgment dated 30.1.2000 passed by the Additional District Judge, Court No.7, Dhaka in Title Appeal No.153 of 1999 affirming those dated 08.03.1999 passed by the Subordinate Judge, Arbitration Court, Dhaka in Title Suit No.51 of 1997decreeing in part.

(2.) One Abdur Rab as plaintiff on 17.11.1990 instituted Title Suit No.388 of 1990 in the First Court of Assistant Judge at Dhaka against Abdul Jalil and others for a decree of declaration including one that the power of attorney being No.7005 dated 02.07.80 and 8008 dated 30.12.89 executed and registered by defendant No.2 in favour of defendant No.5 Rabiul Awal was forged, collusive and of no legal effect.

(3.) The case, in short, is that the suit property measuring about 131 square yards with a house and structures thereon fully described in the schedule to the plaint was originally allotted to one Nasim Razzak by the Ministry of Works by a deed of lease being No.1701 dated 06.03.69. During the war of liberation, said Nasim Razzak left for Pakistan with his family leaving behind the possession of the suit property to one Md. Idris Ali. Thereafter, whereabouts of said Nasim Razzak could not be ascertained. While Idris Ali was thus in possession by payment of municipality taxes, rates etc. he on 12.08.85 transferred the possessory right to the plaintiff at a consideration of Taka 70,000.00 only by way of a registered power of attorney dated 12.08.85. Plaintiff has since then been living with family in the suit property.