MATIAR RAHMAN Vs. ASSIST CUSTODIAN OF ENEMY PROPERTY LANDS & BUILDINGS, BAKERGANJ

JUDGEMENT

(1.) This appeal, by leave, is directed against the judgment dated November 26, 1996 of a Single Bench of the High Court Division in First Miscellaneous Appeal No. 9 of 1982 dismissing the same.

(2.) The Appeal was filed against the judgment and order dated June 29, 1982 of the 1st Court of Additional District Judge, Bakerganj in Miscellaneous Case No. 5 of 1980 allowing the same. The aforesaid miscellaneous case was registered upon an application filed under Order 47 Rule 1 of the Code of Civil Procedure by the respondent herein in Title Appeal No. 166 of 1973 seeking review of the judgment and decree dated 31.12.79 affirming the judgment and decree dated August 22, 1973 passed in Title Suit No. 634 of 1970 decreeing the same. The suit was filed seeking decree for permanent injunction and for declaration that the property in suit is not enemy property i.e. vested property.

(3.) The appellant filed Title Suit No. 634 of 1970 seeking the relief as stated here-in before stating, inter alia, that he obtained decree in Title Suit No. 198 of 1970 of the 1st Court of Subordinate Judge (now Joint District Judge, Bakerganj) and on the basis of the said decree got his name recorded in the revenue record, that the defendant No. 2 illegally declared the property in suit as enemy property and he having had came to know about the said fact filed objection on November 5, 1970 and that the defendant No. 2 rejected the said objection and thereupon treating the land in suit vested property threatened the appellants to evict from the land in suit.