WALILULLAH Vs. HASINA BEGUM
SUPREME COURT OF BANGLADESH
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ABM KHAIRUL HAQUE, J. -
(1.) This appeal by leave is directed against the judgment and order dated 27.8.2002, passed by a Single Judge of the High Court Division, in Civil Revision No. 3727 of 2002, discharging the Rule and affirming those dated 24.7.2002, passed by the District Judge, Dhaka, in Miscellaneous Appeal No. 177 of 1977, and those dated 9.7.1977, passed by the Senior Assistant Judge, Third Court, Dhaka, in Miscellaneous Case No. 62 of 1995.
(2.) The facts in short are that the appellant instituted a suit being Title Suit No. 261 of 1963 in the Third Court of Assistant Judge, Dhaka, on 5.9.1968, praying for a decree for eviction of the defendant as licensee. The suit was decreed ex parte on 27.2.1975 and thereafter Execution Case No. 14 of 1975 was filed. The defendant on 4.3.1975, instituted a miscellaneous case being Miscellaneous Case No. 54 of 1975 under Order IX rule 13 of the Code of Civil Procedure, praying for setting aside the aforesaid ex-parte decree and by an order dated 27.3.1975 the operation of the ex parte decree was stayed but the appellant in spite of the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, directed the appellant to hand over possession of the suit property to the defendant within 24 hours.
(3.) Being aggrieved, the appellant filed an appeal being Miscellaneous Appeal No.400 of 1980 before the District Judge, Dhaka. After hearing, the said appeal was dismissed by a judgment and order dated 29.9.1980. Thereafter, a revisional application under section 115 of the Code was preferred by the appellant being Civil Revision No.1321 of 1980. The High Court Division by its Judgment and order dated 26.2.1991, set aside the judgment and order dated 29.9.1980, passed by the appellate Court and directed the learned Assistant Judge to dispose of the Miscellaneous Case No.54 of 1975, within one month from the date of receipt of the record. The said Miscellaneous case was allowed by the judgment and order dated 09.09.1991 and the ex parte decree dated 27.2.1975 passed in Title Suit No. 261 of 1968 was set aside. Thereafter the defendants filed an application on 28.10.1991 under section 144 of the Code read with Section 151, praying for restitution of possession of the suit property. This petition was registered as a miscellaneous case being miscellaneous case No. 69 of 1991. This miscellaneous case was rejected by an order dated 19.11.1992 on the ground that the necessary documents were not furnished in support of the prayer for restitution.;
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