HOSNE ARA BEGUM Vs. CHAIRMAN, COURT OF SETTLEMENT

JUDGEMENT

(1.) This leave petition by the writ petitioner is from the judgment and order of the High Court Division discharging the Rule Nisi, in Writ Petition No. 1677 of 1988.

(2.) Claiming that the house property at 2/11 Block 'A', Sir Syed Ahmed Road, PS Mohammadpur, Dhaka was the subject matter of an agreement of sale or 7.1.71 between Dr. Sadrul Hasan, the then owner thereof and the petitioner and further claiming that the petitioner obtained an ex parte decree on 11.4.83 in a suit for specific performance of contract, namely, Title Suit No. 1441 of 1981 from the 4th Court of Subordinate Judge, Dhaka against the said Dr. Sadrul Hasan and that the petitioner obtained a deed of sale through Court in execution thereof, the petitioner challenged the inclusion of the said property in list, 'Ka' under section 5(1)(a) of Ordinance No. 54 of 1985 before the Court of Settlement, respondent No. 1, in Case No. 794 of 1987.

(3.) Respondent No. 1 by its judgment dated 6.8.88 accepted the contention of the respondent Government that Dr. Sadrul Hasan was not present in this country both during and after the liberation of the country, that the property was declared as an abandoned property, that the Government possessed it through its allottees, that the alleged agreement dated 7.1.71 is an ante-dated agreement and that the petitioner obtained an ex parte decree in respect of an abandoned property which is inexecutable.