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In the court of the Joint Judge 2nd court, Dhaka

The Suit no -1 of 2015


Md.Abdul Wadud and others
----------------- Plaintiffs
Versus
Md.Nahid and others
-------------------- Defendants

Written statement of behalf of the defendants numbers (01-03)


1. That the suit is not maintainable in the present form.
2. That there is no cause of action in this suit.
3. That the suit is barred by the limitation.
4. That the suit is bad for defects of parties and properties.
5. That the suit is barred by the provision of section 42 of the Specific Relief
Act 1877.
6. That the plaintiffs have no possession in the suit land and the suit land is an
undivided property and without prayer for recovery Khas possession and the
present suit is not maintainable in its present form.
7. That the suit is not properly valued and stamped .the present market price of
a suit land is more than Tk 1500000 and since the plaintiffs have no
possession in the suit land .they are to pay ad valorem of court fee of the suit
land.
8. That the statements which are not specially admitted by the plaintiffs shall
be deemed to have been denied by the plaintiffs.

9. That the statement made in the first sentence of the first paragraph of the
plaintiffs true. The statements made in the 8th paragraph that the further of
the plaintiffs bought the suit land by virtue of the final decree passed in
partition suit no 1 of 1954 is not correct.
10.That the statements made in the paragraph no -2 of the plaint that Mr, Abdul
Halim and Karimuddin transferred the suit land in the favour of the plaintiffs
by the registered deed of the gift dated -01-012004 or the plaintiffs have
been enjoying and possessing the suit land mutating their names and paying
rents regularly are absolute false and fabricate .it is further state that BS
Khatian of the suit land has been wrongfully prayed in the name of the
plaintiffs.
11.That the statements made in the paragraph 3rd that on -01-02-2015 at 10.00
am these defendants claim to the suit land and made a claim over the suit
land is also false and fabricate
12.That the statements made in the paragraph no -4 of the plaint is not correct.
It is further stated that the plaintiffs are very much aware of recording in the
suit land in the defendant no -04.
13.That the paragraph no-05 that the defendants no-04 has no right to transfer
the suit land and the defendants -01-03 have no title and possession in the
suit land or that the claim of the defendants -01-03 have created clouds in
the title of the plaintiffs are totally false and concocted .
14.That the statements made in the paragraph no-06 of the plaint that the cause
of action of the suit has arisen on -15-02-2015 is not correct.

15.That the real fact is that the suit land along with other lands of CS Khatian
no-52 measuring 1.35 Acores belong to Md.Rahimuddin .the said property
was an undivided property .through amicable arrangements the defendant
no-04 had been enjoying and possessing the suit land .No summon of
partiotion suit no- 01 of 1954 was served upon defendant no -04 ,the fathers
of the plaintiffs did not get possession of the suit land .Through the court
the SA khatian of the suit land has been correctly recorded in the name of
defendant no -04 on the basis of her title and physical possession .The
defendant no-04 has mutated the suit land in her name after purchase of the
suit land the defendants no 01-03 have also mutated suit land in their
names and have been enjoying and possessing the same regularly paying
rent to the Government .against the BS khatian the defendants no 01-03
had filed a case before Land Survey Tribunal which is now pending .The
plaintiffs have no right, title and possession in the suit land and that the suit
is liable to be dismiss with cost.
Verification
That the statements made in the written statements are true and in the
knowledge of my belief and same has been written as my instructions.
I put my signature on this day 30th day of the April 2015 in the chamber
of my learned Advocate.
Md.Nahid