MD. RAFIQUE Vs. NAHARA KHATUN

JUDGEMENT

(1.) Upon going through the judgment and order passed by the Court of first instance as well as the judgment and order passed by the first Appellate Court dismissing the appeal and confirming the decree passed in the Title Suit No. 95/87 I do not find that any substantial question of law is available for the Court to consider the same. The sufficiency as regards service of notice to quit, vacate and deliver khas possession and sufficiency of the requirement under Sec. 106 of the Transfer of Property Act have been thoroughly dealt with by both the Courts in coming to a concurrent finding of fact and as such I do not find that there is any reason to keep the matter pending inspite of not having the appellant herein.

(2.) Thus, the Second Appeal stands dismissed on merit. Lower Court Records be sent down within 19.3.2004 positively by Special Messenger at the cost of the respondent.

(3.) The Special Messenger cost will be deposited by 23.2.2004. Decree of this Court will be drawn up expeditiously. However, there will be no order as to costs.