BANGLADESH Vs. DHAKA LODGE WELFARE SOCIETY

JUDGEMENT

(1.) Those two appeals arise out of Title Suit No.33 of 1979 and Title Suit No. 320 of 1980 in the 3rd Court of Subordinate Judge, Dhaka. These will be disposed of by this judgment since these two suits were tried analogously arising out of the same facts and circumstances with different prayers in respect thereof.

(2.) The Dhaka Lodge Welfare Society is the plaintiff-respondent. The suits were dismissed by the trial Court, but on appeal the High Court Division reversed the findings of the trial Court and allowed the appeal.

(3.) Facts are as follows: In 1928 Dhaka Lodge was given a lease of the suit plots being Plots No.74, 160 and 163 of mouza Purana Paltan at holding No.71 measuring more or less 1 bigha 5 katha for 99 years. The Lodge Dhaka, a Philanthropic Organization executed the Kabuliyat at an annual rental of Tk.135/-. Since then the plaintiff was in peaceful possession of the property. In December 1972 the Lodge Dhaka was renamed as the Dhaka Lodge. It seems a new society was formed with the members of the Dhaka Lodge Welfare Society and registered with the Registrar of Joint Stock Company by a resolution dated 12.9.1976. This change, was effected and it was resolved that the assets and liabilities are to be managed by the new society namely, the Dhaka Lodge Welfare Society.