Mahmud Directory

Md. Mahmud Ali Vs. Md. Abrus Ali

Mohammad Fazlul Karim J

M.M. Ruhul Amin J

Judgment Dated: 16th September 2007

The Specific Relief Act, Section 9

but in the purchased deed the description of the land was incorrect which belonged to other person; that the plaintiff was in abroad and occasionally visited the mother land and purchased the land; that subsequently at the time of mutation of land in his name the wrong description was detected and he claimed correction but the defendant No.2 refused to do so, then the plaintiff obtained correct deed by a judgment and decree dated 21.08.1997 of the Senior Assistant Judge…………………… (2)

The High Court Division on consideration of materials on record held that the trial Court has on consideration of the evidence on record arrived at a finding of fact that the laintiff was dispossessed from the suit land as alleged and accordingly ordered for a decree for recovery of possession………………….. (7)

A. J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record………………….. For the Petitioner

A.K.M. Shahidul Huq, Advocate-on-Record ……………..For Respondents.

Civil Petition For Leave To Appeal No.601 of 2005

(From the judgment and order dated the 22nd March, 2005 passed by the High Court

Division in Civil Revision No.2846 of 2001).

JUDGMENT

Mohammad Fazlul Karim J: This application at the instance of the petitioner is directed against the judgment an order dated 22.03.2005 passed by the High Court Division in Civil Revision No.2846 of 2001 discharging the Rule affrming the judgment and decree dated 25.04.2001 of the Senior Assistant Judge, Balaganj, District-Sylhet in Title Suit No.21 of 2000 under Section 9 of the Specific Relief Act decreeing the suit.

2. The respondent No.l as plaintiff on 04.06.2000 filed Title Suit No.21 of 2000 in the Court of Assistant Judge, Balaganj praying for recovery of possession of the suit land after evicting the defendant No.l from the said suit land under Section 9 of the Specific Relief Act claiming that the defendant No.2 being the original owner by inheritance on 15.02.

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