GOVERNMENT OF BANGLADESH Vs. ALHAJ SHAMSUL HAQUE

JUDGEMENT

(1.) The Review petition is by the Government against the judgment and order dated February 27, 2001 in Civil Petition for Leave to Appeal No. 521 of 1996 dismissing the same.

(2.) The Civil petition for leave to appeal was filed against the judgment and order dated June 26, 1996 of a Division Bench of the High Court Division in Writ Petition No. 3 of 1988 making the Rule absolute and thereupon making direction to release the property from the 'ka' list of the abandoned property published in the gazette dated June 23, 1986 upon setting aside the judgment and order dated October 7, 1987 passed in Settlement Case No. 526 of 1987 (ka-1005 Mirpur Section 1 and 2 ) Holding No. 2-E/5-2 Mirpur, Dhaka.

(3.) Facts, in short, are that case holding was leased out on October 26, 1962 to one S.K. Rezvi, who died in 1965 leaving behind wife Bahar Ara (Respondent No.4) and 2 minor sons - Zakir Hossain Rezvi, and Iftekhar Rezvi. The mother of the minors was appointed their guardian. On mortgaging the property loan was obtained from the House Building Finance Corporation and the heirs of S.K. Rezvi constructed building in the land got by lease. The Respondent No. 4 entered into an agreement with the Respondent No. 1 herein to sell the land with the building of the holding in question. Since the Respondent No. 4 failed to execute deed of transfer, the Respondent No. 1 filed Title Suit No. 3 of 1979 which was later on renumbered as Title Suit No. 1375 of 1981. The said suit was decreed and a kabala was obtained through Court on January 3, 1984.