MD. MAFIZ Vs. BANGLADESH

JUDGEMENT

(1.) Delay in filing of the leave to appeal is condoned. This application under Article 103 of the Constitution of the Peoples Republic of Bangladesh is directed against the judgment and order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of observation made in the judgment.

(2.) The facts involved in the case, in short, are that Patuakhali Thana premises P.D.S. Maidan and also to the north of District Council Road and the premises of the market stands up to Patuakhali river and the prior to the establishment of aforesaid K.D.D.B. new market the plaintiffs have operative their shops at Nutan Bazar but the local administration forcibly close down Nutan Bazar with a view to start K.D.D.B. new market and accordingly, the plaintiffs with the permission of K.D.D.B. constructed and erected shops over the land of K.D.D.B. hereby the bank of Patuakhali river with their own expenses; that the plaintiffs as shops keeper have been paying tolls to the leaseholder of K.D.D.B. new market regularly and they also got their trade license and Pourashava holding for the shops and that having been persuaded by some interested fellows the defendant No. 3 on behalf of defendant No. 1 illegally initiated several miscellaneous case against the plaintiffs and served notice on 11.03.1989 and directed them to vacate their shops by 18.03.1989 and that the shops have been standing on the lands belonging to the K.D.D.B. not on Government khas lands; that if they are evicted forcibly from their shops they will suffer irreparable loss and injury and as such, they were compelled to file the suit.

(3.) The defendant Nos.1-3 contested case by filing written statement contending, inter alia, that the plaintiffs have constructed their shops on Government khas land and the Government never permitted them to possess the khas land and the acceptance of tolls K.D.D.B. do not vest any title of the suit property with the plaintiffs; that the suit is barred by P.O. 85 of 1972 and that the area of K.D.D.B. run up to gano uddog road and to the north of gano uddog road K.D.D.B. has got no land that the suit land is the Government acquired khas land; that the defendants legally and validly started miscellaneous case with a mind to evict the plaintiffs from the suit land and that the plaintiffs have got no prima-facie arguable case.