NAZMUL HUDA CHOWDHURY Vs. JANATA BANK

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 11th February, 2007 passed by the High Court Division in Civil Revision No.1724 of 1998 making the Rule absolute.

(2.) Short facts as placed before the High Court Division are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including the plaintiff. The Government of Bangladesh under its power of management of abandoned properties, published auction notice for sale of the same "Mercantile Court" and the plaintiff appellant-petitioner being in need of more space for accommodation participated in the auction and became the highest bidder, so it was accepted by the Government of Bangladesh and eventually executed sale deed No. 338 dated 8.6.1990 in favour of the plaintiff. The Government evicted some occupants by way of eviction and handed over the same to the plaintiff. The defendant Nos.1-2 were in occupation of two rooms on the second floor of the said building, one measuring 148.28 square feet and the other measuring 1328.30 square feet and the Government by serving notice through Memo No. 4028(16)/S.A. dated 4.12.1985 had terminated the tenancy of the defendants and directed them to hand over vacant possession of the said two rooms to the plaintiff petitioner but the defendants did not comply with the said order of the Government on the plea of pendency of their suit in the Court. The defendant Nos.1 and 2 entered appearance in the said suit but did not file any written statement in that suit.

(3.) After purchasing the building the plaintiff also served notice under section 106 of the Transfer of Property Act and thereafter filed a suit being No. 141 of 1992 for eviction.