TAHERA BEGUM Vs. FIRST COURT OF SETTLEMENT

JUDGEMENT

(1.) This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued, calling upon the respondents to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the respondent No. 1, the First Court of Settlement, Dhaka in Case No. 377 of 1995 (Kha-72: Block 'D', Mohammadpur, Dhaka), Annexure-Q to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper.

(2.) The petitioners' case is that one Md. Mujtaba Siddique, son of late Mustafa Siddique was the original owner of the disputed property which was allotted to him by Government of the then East Pakistan through a letter dated 23-1-1960 and pursuant to the aforesaid allotment letter a deed of agreement for lease of a piece of land measuring 144 sq. yards or thereabout under the registration jurisdiction of Mohammadpur Sub-Registry, Dhaka, appertaining to Mouza Baraba, PS Tejgaon now Mohammadpur, being plot VT/15 in Block 'D' of the layout plan No. 57 of 59/60 dated 6-8-1995 for a period of 99 years, was executed and registered on 26-1-1960 at the Sadar Sub-Registrar Office, Dhaka being deed No. 1542 and such deed was made Annexure to this writ petition and marked as Annexure-A. Subsequently, the original lessee, Md. Mujtaba Siddique filed an application dated 10-91963 praying for permission for constructing of buildings thereon and a copy of such application is annexed to this writ petition and marked as Annexure-B. Subsequently, the said original owner lessee filed an application being No. D-1483 asking for a sanction of loan from the House Building Finance Corporation, Zonal Officer, Dhaka and on 18-3-1964 the loan of his amounting to Rs. 18,000 was granted in his favour, (Md. Mujtaba Siddique) and the photo copy of the said sanction letter is marked as Annexure-C to this writ petition. He also paid the Government dues in respect of his house amounting to Rs. 1,800 and obtained a clearance certificate from the office of the Administrative Officer, Mohammadpur and Mirpur Housing Estate, Mohammadpur, Dhaka being Memo No. 550-AO dated 25-3-1964 and a photo copy of the clearance certificate was marked to this application, as Annexure-D on 24-3-1964.

(3.) The aforesaid original lessee, Md. Mujtaba Siddique obtained a certificate from the Section Officer, LG Department, and Government of the then East Pakistan having his specimen signatures attested as the signature was put in the original lease deed as lease, the photo copy of the said certificate Issued on 24-3-1964 is marked as Annexure-E to this writ petition. The original lessee on 28-3-1994 executed and registered a mortgage deed being No. EP 3292 (Deed No. 1673) in favour of the House Building Finance Corporation to avail the loan sanctioned for constructing of building, the said mortgage deed is marked as Annexure-F to this writ petition.