RAJDHANI UNNAYAN KARTRIPAKKHA (RAJUK) Vs. IQBAL AHMED

JUDGEMENT

(1.) This petition for leave to appeal has been filed against the judgment dated April 19, 2005 of a Single Bench of the High Court Division in Civil Revision No.1910 of 2003 making absolute the Rule which was obtained against the judgment and decree dated February 8, 2003 of the 2nd Court of Additional District Judge, Dhaka in Title Appeal No. 520 of 1999 dismissing the same and thereby affirming the judgment and decree dated July 12, 1999 of the 6th Court of Assistant Judge, Dhaka in Title Suit No.129 of 1999 dismissing the same.

(2.) The suit was filed seeking declaration of lease hold right in the land in suit and for cancellation of the lease deed made in favour of the defendant No.1 by the defendant No.2.

(3.) Facts, in short, are that land in suit was acquired by purchase by Md. Amanullah, predecessor of the plaintiffs, from the allottee of the RAJUK, that the transfer was made by the allottee upon obtaining permission from the RAJUK as back as on January 24, 1988, that the property in suit was allotted by the defendant No. 2 (RAJUK) to certain Khaleda Rahman and the allotment was completed by execution and registration of the lease deed between RAJUK and Khaleda Rahman, wife of Md. Mojibur Rahman, that the full consideration money of the leased land was paid and possession was duly delivered to the allottee by the RAJUK, that allottee entered into an agreement for transfer of the land in suit with Md. Amanullah, predecessor of the plaintiffs, and the RAJUK (defendant No. 2) upon obtaining requisite fee accorded permission for transfer and that the RAJUK by written order accorded permission to transfer the land to the predecessor of the plaintiffs, that after the transfer was made by the original allottee Khaleda Rahman to Md. Amanullah he RAJUK illegally allotted the land in suit to the defendant No.1 beyond the knowledge of Md. Amanullah and his vendor Khaleda Rahman although when the allotment was made to the defendant No.1 Md. Amanullah on the basis of the permission accorded by RAJUK purchased the property in suit from Khaleda Rahman and intimated the RAJUK about the acquiring of the property on the basis of permission accorded by RAJUK from Khaleda Rahman and requested the RAJUK to mutate his name i.e. Md. Amanullah's name i.e. predecessor of the plaintiffs.