GOVERNMENT OF BANGLADESH Vs. RAWSHAN ARA BEGUM

JUDGEMENT

(1.) This appeal, by leave, is against the judgment dated November 3, 1991 of the High Court Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the "khas list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Government to exclude the property from the list of abandoned properties.

(2.) The writ petition was filed challenging legality of the judgment of the Court of Settlement passed in Case No.119 of 1987 (Kha-145-Tin-shed Colony, Block-D) Quarter No. 169 (Holding No. 38), Tin shed Colony, Mohammadpur, Dhaka. The Court of Settlement by the said judgment dismissed the case and thereupon declared that the property in question is an abandoned property and the listing thereof is quite legal.

(3.) The case of the Respondent No.1, who was petitioner before the Court of Settlement, was that property in question was allotted on 24.8.1957 to Sahera Khatun widow of late A. Gafur, that said Sahera Khatun orally gifted the property to her daughter Anwari Khatun on 16.4.1973 and in confirmation thereof affirmed an affidavit before the Magistrate, First Class, Dhaka on 14.7.1973, that Sahera Khatun gifted the property in presence of Amanullah Munsiff, Abdul Hashim and Md. Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22.10.1979 transferred the property by a registered deed to the Respondent No.1,that the Respondent No.1 obtained permission from the DIT (now RAJUK) for making construction and also obtained loan from the House Building Finance Corporation, that the Respondent No.1 is in possession of the building constructed by her, that she was surprised to see that her building has been listed as an abandoned property in the 'kha' list and the said list has been published in the official gazette.