MD. F. RAHMAN Vs. CHAIRMAN, 1ST COURT OF SETTLEMENT, BD ABANDONED BUILDINGS

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment dated March 16, 2003 of a Division Bench of the High Court Division in Writ Petition No. 2331 of 1994 discharging the Rule obtained impugning the judgment and order dated September 29, 1994 of the 1st Court of Settlement, Dhaka in Case No.145 of 1989 (kha-129), in respect of the House No. E/2,3rd Colony, Mirpur/Dhaka dismissing the same and thereby maintaining the listing of the property in question as abandoned property. It may be mentioned the property has been listed in the 'kha' list of the abandoned property.

(2.) The facts, in short, are that property in question was allotted to one Asgar Ali, who was a refugee from India, in 1958, that Asgar Ali paid major part of consideration money and the last installment was paid by Asgar Ali's brother Akbar Ali on October 10,1979 and said Akbar Ali inherited the property in question and sold the same to Mrs. Moriam Begum by the sale deed dated December 21, 1979, that said Moriam Begum while in possession sold the property in question to Mrs. Nazma Begum by the deed dated November 17,1980 and said Nazma Begum after lapse of 4 years from the date of her purchase sold the property in question to the petitioner herein by the registered deed dated June 10, 1984 and handed over possession, It is the case of the petitioner that he got his name mutated and paid rent, that he also paid ground rent and Municipal Taxes, that Asgar Alis brother Akbar Ali obtained a succession certificate as proof of his being the sole heir of Asgar Ali, that a notice was issued to the petitioner to appear before the Magistrate and to produce papers in support of his claim of the property and the petitioner appeared in November, 1985 before the authority and showed the paper in support of his claim of the property and the authority was satisfied about the claim of the petitioner and in that background no notice was issued to the petitioner to surrender possession of the property in question, that petitioner was surprised to see that the property in question has been listed in the 'Kha' list as per provision of Ordinance No. 54 of 1985 and thereupon he represented to the authority seeking release of the property from the list of abandoned properties but without any result and thereupon, the petitioner moved the 1st Court of Settlement but there also he did not have the desired result. In the afore state of the matter, the writ petition was filed questioning the legality of the judgment dated September 29,1994 of the 1st Court of Settlement, Dhaka.

(3.) It was the contention of the petitioner that allottee Asgar Ali was very much in Bangladesh at all material times and that he died in Bangladesh and that his name was listed in the voter list prepared at different times and even after liberation of Bangladesh and, as such, listing of the property as abandoned property is illegal,