AFM NAZIRUDDIN Vs. HAMEEDA BANU

JUDGEMENT

(1.) The husband, the appellant before us, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka, for a declaration that he is the irrevocable licensee of his wife, the respondent, in the 'A' schedule land and that he is the real and absolute owner of the three-storied dwelling house and appurtenances thereto described in the 'B' schedule to the aforesaid irrevocable licence.

(2.) Some facts are not disputed. The appellant married the respondent in 1962. Three children were born of the wedlock. The wife is the owner of the' A schedule land. The plan for the construction of the building was sanctioned in her name. The wife mortgaged the land to the Shilpa Bank of Bangladesh, the successor of the former Industrial Development Bank of Pakistan, for securing the house-building loan sanctioned by the Bank. All taxes, rates, etc. in respect of the building are assessed in her name. The husband filed the title suit on 29th August. 1980. The wife filed a suit for dissolution of marriage on 30th September, 1980. The couple lived in the house from January, 1973 till July, 1980. The husband realised Tk. 8000.00 per month from the tenants. The wife executed a power of attorney on 25th April, 1978 in favour of her husband, but that power was cancelled on 19Lh August, 1980 when the relationship between the spouses became strained. On 25th February, 1982, the wife obtained a decree of dissolution of the marriage with her husband after foregoing her dower money.

(3.) The appellant's case is that his wife gave him possession of the land in 1967 for construction of a building and he at first built a tin-roof there. Subsequently his wife gave him a written licence on 23rd March, 1972 by Ext. I to construct a dwelling house on the suit land. After taking loan from the Shilpa Bank and other Banks and Insurance Companies, the appellant spent about taka six lacs in constructing the three-storied building and completed the construction by 1980.