GEETA RANI ALIAS SHAMIMA KHATUN Vs. BANGLADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court Division in Civil Revision No. 1324 of 1979.

(2.) Plaintiff appellant brought a suit being O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was that the land in question was owned and possessed by one Gouri Dasi, her mother who was once a prostitute by profession and subsequently gave up and led a married life. She purchased a land in question oat of her own income in 1953. She had been in actual, physical possession of this land till her death on 26.5.76 by paying rent and other taxes to the Pourashava in her name and after her death the plaintiff appellant has been residing there by paying rent and taxes. Plaintiff appellant Geeta Rani Dasi received a notice under section 92 of the State Acquisition and Tenancy Act from the Deputy Commissioner, Rangpur as to why the land in question should not be treated as abandoned property and the Government of Bangladesh would not enter into the khas possession on the death of Gouri Dasi who died intestate. A Misc. Case was started being Case No. 14 of 1975-76 and the plaintiff appellant filed objection and the same was heard by the Deputy Commissioner who by his order expressed the view that the plaintiff was required to establish her claim by filing a suit in the Civil Court. Hence the suit mentioned above had been filed for declaration of right, title and interest.

(3.) The suit was contested and the plaintiff led evidence to prove that she was the daughter of Gouri Dasi who died intestate; that the properties belonged to Gouri