MD. NAZRUL ISLAM Vs. SECRETARY, MINISTRY OF PUBLIC WORKS, THE PEOPLES REPUBLIC OF BANGLADESH
SUPREME COURT OF BANGLADESH
MD. NAZRUL ISLAM
Secretary, Ministry Of Public Works, The Peoples Republic Of Bangladesh
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MD.ABDUL MATIN, J. -
(1.) This petition for leave to appeal is directed against the judgment and order dated 27.01.2009 passed by the High Court Division in First Appeal No. 114 of 1996 dismissing the appeal and affirming the judgment and decree dated 27.04.1996 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.309 of 1994 dismissing the suit.
(2.) The petitioners as plaintiffs filed Title Suit No.309 of 1994 contending, inter alia, that the plaintiffs (the present petitioner) are entitled to a decree declaring their entitlement to get an offer from the defendants to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in possession.
(3.) The suit property originally belonged to the then Government of East Pakistan which was subsequently leased out to a Non-Bengali refugee. After 1971 the said Non-Bengali refugee was not found in the suit property known as 1/3, Noorjahan Road, Mohammadpur, Dhaka. Therefore by operation of the President Order 16 of 1972 it was declared as an abandoned property and it was listed as an abandoned property. The suit property was then allotted to the father/husband of the plaintiffs, Sona Miah, a Police Habilder serving under the Government of Bangladesh, by allotment letter dated 03.02.1973 and handed over possession on 05.02.1973. The said allottee Sona Miah paid rent for suit property firstly 11/2 and then 5% of his salary as a Police Habilder as per the demand note dated 15.05.1975 issued by the defendants.;
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