RUPALI BANK LTD. Vs. SHAWKAT ARA SALAUDDIN

JUDGEMENT

(1.) These two appeals by leave arise out of the judgment and order dated 27.6.1996 passed by the High Court Division in Writ Petition No. 2465 of 1992 Making the Rule absolute and directing the Ministry of Works, Government of Bangladesh, to mutate the names of the respondents in place of late Md. Serajuddin, within 60 days from the date of receipt of the copy of the judgment, in the relevant records of rights of the Ministry of Works and all other records of the Government or wherever it is necessary in respect of the premises situated at 156 and 157 Motijheel Commercial Area, Dhaka. The Government of Bangladesh represented by Ministry of Works is the appellant in Civil Appeal No. 97 of 1997 and Rupali Bank Ltd. is the appellant in Writ Petition No. 98 of 1997.

(2.) Late Md. Salahuddin, son of late Md. Serajuddin, filed the above Writ Petition No. 2465 of 1992 stating inter alia that after his father late Mr. Md. Serajuddin paid Tk. 1,14,966.00, a dead of lease for 99 years was duly executed and registered on 26 of August, 1960 between late Md. Serajuddin and the Ministry of Works leasing the property situated at 156 and 157, Motijheel Commercial Area, Dhaka, comprising of 18 Kathas of land in his favour and then late Md. Serajuddin, with the permission of the Rajuk, constructed a big multi-storied commercial building thereon; late Md. Serajuddin died on 8.10.1976 leaving behind four sons two daughters and one wife and the said heirs had been possessing some portions of the above multi-storied building and the remaining portion were let out to different tenants; the above heirs of late Md. Serajuddin approached the Ministry of Works on several occasions for mutation of their names in place of their father late Md. Serajuddin and then in reply to their letter dated 28-07-87 requesting for mutating their names, the Ministry of Works by letter dated 2-8-87 directed the said heirs to submit certain papers and documents as mentioned in the above letter dated 2.8.87 for consideration of their request for mutation and then as directed, those papers and documents including the documents of title and all other connected papers were submitted and being satisfied the Ministry of Works by letter dated 13.9.97 asked the aforesaid heirs to deposit a total sum of Tk. 77,876.00, the arrear premium which had fallen due against the above premises; on 11.1.1988 the heirs deposited the entire amount of Tk. 77,876.00 and also submitted the succession certificate dated 16 March, 1977 issued by the District Judge, Dhaka on 16.5.1977; after verification of the records, by report dated 28.01.88, Annexure H to the writ petition, Ministry of Works recommended to the relevant authority for mutation of the names of the heirs of late Md. Serajuddin immediately but the mutation has not yet been completed even though the relevant authority went on giving hope.

(3.) During the pendency of the above writ petition late Md. Salauddin having died, his heirs were substituted as petitioners in his place and subsequently the remaining heirs of late Md. Serajuddin were also made petitioners in the above writ petition.