ASSISTANT CUSTODIAN VESTED PROPERTY Vs. TAFURNESSA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court Division in Civil Revision No. 175 of 1984.

(2.) Leave was granted to consider the question whether the High Court Division has erred in law in upholding the decree that was passed by the Appellate Court below on the ground that the Emergency having been lifted on 16.2.69 the proceeding in V.P. Case No. 24 of 1978-79 was illegal and void.

(3.) Facts are as follows:-Plaintiff filed a title suit being Title Suit No. 198 of 1979 in the Second Court of Munsif, Chandpur, for a declaration that the lease of the suit land by defendant Nos. 1 to 3 is illegal, without jurisdiction, collusive and not binding upon the plaintiff and for permanent injunction restraining the defendant from giving possession to defendant No. 3. Her case was that she purchased the suit land from one Gopal Chandra Shil by a kabala executed on 7.2.75 and registered on 19.5.75 and since then she has been possessing the same. Defendant No. 2 wanted to grab the suit land and filed a petition falsely in the office of defendant No. 1 to treat the property as enemy property whereupon Vested Property Case No. 24 of 1978-79 was initiated by defendant No. 1 and treating the property as vested property leased out the same to defendant No. 2. The plaintiff challenged this decision by filing the suit.