RABEYA KHATOON Vs. BANGLADESH

JUDGEMENT

(1.) This petition for leave to appeal arises out of the judgment and order dated 3-4-2005 passed by a Single Bench of the High Court Division in Civil Revision No. 2898 of 1999 making the Rule absolute.

(2.) The petitioner filed Title Suit No. 41 of 1986 in the Court of learned Assistant Judge, Sadar, Jessore praying for permanent injunction and also for eviction of the defendant No. 3 from a portion of the suit land on the averments, inter alia, that the suit land was acquired by the Government to rehabilitate the refugees coming from India and thereafter, the Government allotted the suit land to one Rustom Ali who after constructing house started living therein; Rustam Ali then entered into a contract for sale of the suit land with one Abdul Jabber, the defendant No. 4, on 25-12-1969 and also handed over the possession of the suit land to him; Abdul Jabber then by a registered kabala executed and registered on 11-12-1983 transferred the suit land to the plaintiff at a consideration of Taka 12000; the plaintiff, after purchase, permitted defendant No. 4 and also his wife, the defendant No. 3, to stay in a portion of the suit land for some days; the defendant No. 4 subsequently divorced defendant No. 3 and lived separately with his new wife leaving defendant No. 3; the defendant No.3 then, with an ulterior motive, applied to the Government for allotment of the suit land in her favour whereupon the defendant No. 1, without holding any inquiry, served notice dated 19-1-1996 upon the plaintiff to hand over possession of the land to the Government but, however, in view of the objection filed by the plaintiff, the Government abstained from evicting the plaintiff from the suit land; the allotment of suit land in favour of Rustam Ali is genuine and proper; the Government is taking steps to evict the plaintiff from the suit land and hence the suit. The defendant Nos. 1 and 2, that is Deputy Commissioner, Jessore and Relief and Rehabilitation Officer, Jessore respectively, contested the suit and filed joint written statement contending that in view of the provisions under sections 14 and 14 Ka of Emergency Requisition and Acquisition Act 1948 and in the absence of seeking consequential relief of khas possession, the suit is not maintainable; the Government acquired the suit land along with other lands for rehabilitation of refugees coming from India and the relief and rehabilitation authority allotted the said land to refugees and also sanctioned loan of cash money to them for constructing house on the allotted land on certain conditions which, amongst others, provided that the land is not transferable before repayment of loan and getting final transfer deed as provided in Circular Nos. 414 dated 7-2-50 and Circular No. 215/RR dated 16-2-52; Rustam Ali in pursuance of the aforesaid circulars did not take possession of the suit land in Relief Block No. 160/41 and he also did not try to take any final transfer deed from the Government by paying all the dues and as a result suit land remained in khas possession of the Government; Asia Khatun, the defendant No. 3, used to live in the suit land and after she prayed for allotment of the suit land for her residential purpose, the Government, on inquiry, cancelled the temporary allotment made to Rustam Ali and allotted the suit land to her; the plaintiff did not buy the suit land on complying with provisions of law; after the defendant Nos. 1/2 directed the plaintiff to vacate the suit property she agreed to vacate the land on 12-2-86 and Dr. Masudur Rahman, Chairman of the Committee for Refugees, tried to mediate the matter but the plaintiff then filed the present suit. The defendant No.3 also filed another written statements more or less on the same line.

(3.) The learned Senior Assistant Judge, Jessore, on consideration of the materials on record by judgment and decree dated 20-4-1992 decreed the suit. Being aggrieved the plaintiff preferred Title Appeal No. 285 of 1992 while the defendant No. 3 also filed Title Appeal No. 151 of 1992 and the learned Additional District Judge, Jessore, after hearing the above appeals analogously, by judgment and decree dated 31-3-1996 dismissed both the appeals. The defendant No. 1 then moved the High Court Division and obtained Rule in Civil Revision No. 2898 of 1999 and after hearing the High Court Division made the Rule absolute directing the plaintiff petitioner to vacate the suit land and hand over the khas possession of the same to the respondent No. 1 within 60 days form the date of judgment.