DIRECTOR GENERAL, BANGLADESH RAILWAY Vs. JOYNAL ABEDIN MOLLAH

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 21.07.2010 passed by the High Court Division in writ petition No. 7806 of 2009 where the rule as issued is found to have been made absolute directing the respondent-petitioner to execute and register the Kabala in respect of the land, described in the schedule of the petition.

(2.) In short, the case of the petitioner is as follows:

(3.) Mr. Shaheed Alam the learned advocate appearing on behalf of the petitioner, Director General, Bangladesh Railway and respondent of the writ petition No. 7806 of 2009 submits that in pursuance of the lease application, filed on 16.4.2002 annexure-A to the petition the lease was granted on 12.09.2005 annexure-F to the petition fixing the lease money of Tk. 6,11,16,551/- annexure-E to the petition where the petitioner lessee agreed to pay the enhance amount in terms of lease in future occasion. The learned advocate further submits that since the property as leased out was followed by certain terms and condition incorporated in annexure-f to the petition any aggrieved party specially leassee may seek relief in a civil court not in writ jurisdiction. Moreover lessee, the writ petitioner, has not yet paid the enhance rate as claimed by the lessor in terms of the lease granting order annexure-F to the petition.