MUSTAFIZUR RAHMAN vs BERNARD JOSEPH ROZARIO AND Other — 1961 PLD 375

Citation: 1961 PLD 375

Court: Dacca

Year: 1967

Decision Date: 1967-08-07

Parties: MUSTAFIZUR RAHMAN vs BERNARD JOSEPH ROZARIO AND Other

Headnotes

Case cited as PLD 1961 SC 375

Judgment Text

Court Name: Dacca Judge(s): M. R. Khan, Maksum-ul-Hakim Title: MUSTAFIZUR RAHMAN vs BERNARD JOSEPH ROZARIO AND Other Case No.: Civil Rule No. 521 of 1967 Date of Judgment:1967-08-07 Reported As: PLD 1970 Dacca 78 Result: Rule discharged JUDGMENT JUDGMENT M. R. KHAN, J.----The Opposite-Parties 1 to 5 who belong to a minority community have brought Title Suit No. 67 of 1966 in the First Court of the Subordinate Judge, Chittagong, for declaration of their title to certain lands and recovery of khas possession thereof on the allegation that the petitioner who is the defendant No. 1 in the suit, in collusion with one Farok Ahmed, trespassed into the lands and has been in wrongful possession of the same. It is alleged in the plaint of the said suit that prior to the institution of that suit, the said Farok Ahmed auction-purchased the suit lands in a certificate sale, but the certificate sale, was set aside as the result of other Suit No. 165 of 1959 brought by 89 of 1960 the present opposite-party No. 1 and the decree setting aside the sale was maintained by the Court of appeal and also by the High Court. It appears from the trial Court's record that the present petitioner as the defendant No. 1 in Title Suit No. 67 of 1966 took a number of adjournments for filing a written statement, but, instead of filing a written statement, he made an application on 14-1-1967 for rejecting the plaint on the ground of the plaintiff's instituting the suit without having obtained the permission…

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