(1.) This Civil Review Petition arises from the judgment of this Division passed in Civil Appeal No. 75 of 1997 allowing the appeal after setting aside the judgment and order passed by the High Court Division in Civil Revision No. 5089 of 1991 (Civil Revision No. 139 of 1989, Comilla) making the Rule absolute.
(2.) The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the Government from leasing out .08 acres of his share of the suit tank to the defendant appellant respondent Lokman Mia, restraining him from disturbing his possession of the suit tank and for partition of the suit land. His case is that the Government of India acquired entire land of C. S. Plot No. 21 which originally belonged to one Aslam Mia and land of others under the Land Acquisition Act, 1894 during 1940-41 for the purpose of establishing the district headquarters of Noakhali, but the government never took possession of the acquired lands and he purchased the suit land from the admitted owner by three registered kabalas dated 24.3.74 and 24. 12.77. Since then he has been in possession of the suit land and the Government was now contemplating to lease out the same including the suit tank to the respondent. The respondents contested the suit by filing written statements stating inter alia that the appellant did not acquire any title to the suit land by purchase as the suit land was acquired and there by the title vested in the government. The trial court decreed the suit.
(3.) The respondent Lokman Mia filed Title Appeal No.101 of 1988 and the Government respondent filed Cross Appeal No. 128 of 1988. The appeals were heard together by the lower appellate court which allowed the appeals setting aside the judgment and decree of the trial court dismissing the suit. The respondent, against the decree of the lower appellate court, filed Civil Revision No. 5089 of 1991 and the same was made absolute by the learned Single Judge by the judgment and order dated 19.3.1997.