GOVERNMENT OF BANGLADESH Vs. SHAKHIPUR ISLAMIA HIGH SCHOOL

JUDGEMENT

(1.) Respondent, Shakhipur Islamia High School, instituted Title Suit No. 112 of 1969 in the First Court of Munsif, Chikandi, for declaration of title to the suit land, described in 'Ka' schedule to the plaint, an area of .92 acre of land appertaining to RS Plot No. 10716 of Mouza Char Shakhipur under PS Bhedarganj, for confirmation of possession, and for permanent injunction restraining the Government from giving lease of the suit land to any one.

(2.) Admittedly, CS Plots Nos. 10714, 10715 and 10716, in total 1.35 acres of the lands, described in schedule 'Kha' to the plaint, are recorded in the name of the Secretary of the School; that the school building is situated on the northern side of plot No. 10716; and that since the establishment of the school in 1929, a cattle market is sitting on every Wednesday over the land in the southern portion of RS Plot No. 10716. By an order on 31st May, 1969, the Government held out that the cattle market would be leased out by an open auction.

(3.) The Government, appellant before us, contested the suit stating inter alia that the that the Shakhipur cattle market sits on every Wednesday over the land of Plots Nos. 10803, 10804, 10793 and 10794 and over a nominal portion of the southern side of Plaintiffs Plot No. 107116, and that the plaintiffs suit was barred by section 20(2a) of the State Acquisition and Tenancy Act.