GOVERNMENT OF BANGLADESH Vs. ABBAS ALI MUNSHI
SUPREME COURT OF BANGLADESH
Government Of Bangladesh
Abbas Ali Munshi
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MOHAMMAD ABDUR ROUF,J. -
(1.) This appeal, following leave, by the Government plaintiff appellant, is from the judgment and decree dated 20.6.88 passed by a learned Single Judge of the High Court Division in second Appeal No. 146 of 1977 dismissing the appeal and affirming thereby the judgment and decree dated 18.9.76 passed by the learned Additional District Judge, 2nd Court, Dhaka allowing Title Appeal 159 of 1974 and reversing thereby the judgment and decree dated 9.7.74 passed by the learned Subordinate judge, 1st Court, Dhaka decreeing Title Suit No. 202 of 1970.
(2.) Respondent No. 1 (since dead) as plaintiff instituted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for declaration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. S. Plot No. 1474 under khatian 1/29, Touzi No. 133 of Kaliakoir Mouza within P.S. Kaliakoir Dist. Dhaka and for further declaration that record-of -right in respect of the said land is incorrect.
(3.) The case of the plaintiff, inter alia, was that the suit property originally belonged to the then Zaminder of Kashimpur, who made a settlement of the same with the plaintiff in 1946 and since then the plaintiff has been possessing the same. The suit property has wrongly been recorded in favour of the forest department of the Government of East Pakistan, who have no right, title and interest therein.;
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