MILITARY ESTATE OFFICER, DHAKA CANTONMENT Vs. SK. MOHAMMAD ALI

JUDGEMENT

(1.) This appeal by leave is against judgment and order dated 25th March, 1998 passed by a Division Bench of the High Court Division in First Appeal No. 206 of 1995 allowing the appeal.

(2.) The short fact leading to this appeal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of permanent tenancy in the suit land with a further declaration that notice date 29.12.1976 issued by the appellants namely Military Estate Officer, Dhaka Cantonment for removing the structures from the suit land is illegal, void and not binding upon them. At the first instance the suit on contest was dismissed by the learned Subordinate judge by judgment dated 22.8.1949. Thereafter First Appeal Nos. 99 and 100 of 1949 were filed and a Division Bench of the High Court Division by judgment dated 8.8.1989. Thereafter First Appeal Nos. 99 and 100 of 1989 were filed and a Division Bench of the High Court Division by judgment dated 8.8.1993 allowed the appeal setting aside the judgment and decree passed by the learned Subordinate Judge in the aforesaid suit. The High Court Division declared that the impugned notice bearing No. ALC/681/76 dated 29.12.1976 is illegal and of no legal effect. It was also declared that possession of the suit land from the plaintiffs cannot be recovered except in due process of law. But in the meantime though the original suit was dismissed on 22.8.1989 the contesting defendants dispossessed the plaintiffs from the suit land on 26.8.1989 and thereafter of course the suit was decreed in the High Court Division in the aforesaid terms. After disposal of the appeal as aforesaid the plaintiffs then filed an application under sections 144/151 of the Code of Civil Procedure for restitution of the suit land from which they were illegally dispossessed and the case was registered as Miscellaneous Case No.522 of 1993 of the First Court of Subordinate Judge, Chittagong. That Miscellaneous Case was dismissed on contest on 30.4.1995. Thereafter the plaintiff-petitioners preferred First Appeal No. 206 of 1995 before the High Court Division and a Division Bench by judgment dated 25th March, 1998 allowed the appeal and set aside the order dated 30.4.1995 passed by the learned Subordinate Judge and ordered for restitution of the Suit land to the plaintiffs.

(3.) Leave was earlier granted in this appeal to consider the following:-