GOVERNMENT OF BANGLADESH Vs. ABUL KAISER CHOW­DHURY

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 66 of 1978.

(2.) Plaintiff respondent filed Title Suit No. 46 of 1965 for declaration that the Government notification dated 21.1.63 showing final publications of the compensation Assessment Roll and vesting of the suit property namely, a hat, in the Government under the State Acquisition and Tenancy Act is invalid and ultra vires.

(3.) The said suit was decreed. On appeal the decree was set aside and the suit was dismissed by the learned Subordinate Judge. Thereafter the plaintiff filed a Second Appeal before the High Court Division and the learned Single Judge sent the case on remand to the lower appellate Court to consider the question of substitution of the successor Mutwalli. This is the impugned order and leave was granted to consider the correctness of the decision of the High Court Division in remanding the case when according to the appellant substitution had already been made according to law.