BANGLADESH Vs. MST. SHIULI BEGUM

JUDGEMENT

(1.) This appeal by leave is against judgment and order dated 13.7.1992 passed by the High Court Division in Writ Petition No. 499 of 1987 making the Rule absolute.

(2.) The short fact leading to this petition is that respondent Mst. Shiuli Begum filed Case No. 16 of 1987 in the Court of Settlement stating, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Government by Ghalib Hossain for 99 years by a lease deed dated 15.2.1968 wherein the lessee constructed a structure and mutated his name in the Government Sherestha. On the basis of deed of agreement dated 21.6.1976 respondent agreed to purchase the said land and an amount of Tk. 8,500/- was paid as advance out of total consideration of Tk. 9,000/-. Upon Ghalib Hossains's failure to execute and register the sale deed respondent instituted Title Suit No. 317 of 1978 in the 1st Court of Munsif, Dhaka for specific performance of contract and the said suit was decreed ex parte on 18.7.1980. The respondent got the Kabala executed and registered through court on 3.11.1981. Further case of the respondent is that she has been forcibly evicted by the appellant from the case premises on 20.10.1986 on the plea that the property has been enlisted as Abandoned Property.

(3.) The present appellant contested the case in the Court of Settlement and asserted that the original lessee left this country long back and his whereabouts were not known and the alleged transaction in between Ghalib Hossain and the respondent is a concocted one and that she was not in possession of the building at any point of time and was not evicted either. His further case is that Momtaj Begum was found in possession in the premises in question who instituted Title Suit No. 572 of 1982 in the 2nd Court of Subordinate Judge for specific performance of contract against the lessee Ghalib Hossain and others and this Momtaj Begum was subsequently evicted from the case premises by the appellant. Thereafter the Court of Settlement by judgment dated 15.3.1987 held that the original lessee was not at all present in the country at the time of passing of President's Order 16 of 1972 and his whereabouts were not known and that the respondent failed to produce the original agreement for sale for the satisfaction of the court that Ghalib Hossain's signature contained in the agreement tallies with his signature maintained by the appellant in course of business. The Court of Settlement found that the respondent failed to establish the whereabouts of the original lessee Ghalib Hossain to get rid of the mischief of P.O. 16 of 1972 and the alleged possession of the respondent. She also failed to prove that she has been evicted from the case property and with this finding the case was dismissed. Thereafter the respondent moved the High Court Division in Writ Petition No. 499 of 1987 challenging the judgment and order passed by the Court of Settlement.