BELAYET HOSSAIN Vs. NURUL ALAM MIR

JUDGEMENT

(1.) In this appeal by leave by the plaintiff-appellant the point for consideration is whether the High Court Division was justified in overturning an order of temporary injunction granted by the First Appellate Court.

(2.) Material facts of the case are that the plaintiff-appellant took settlement of 2.73 acres of land in several plots of S.A. Khatian No. 162 of Mouza Haybatpur from the Government in P.S. Case No. 889 of 1965-66. The order of settlement was, however, cancelled on 10.3.81 on the allegation that the appellant had transferred the aforesaid land to his brothers by registered kabalas without the settlement being finally approved. The appellant brought O.C. Suit No. 141 of 1981 in the Court of Assistant Judge, Natore on 14.3.81 for a declaration that the cancellation of settlement was illegal, etc. and also for permanent injunction against defendant-respondents. He also prayed for an order of temporary injunction by filing an application on the same date.

(3.) The respondents opposed the prayer for temporary injunction by filing separate written objections. They contended that since the plaintiff had transferred some land in contravention of the rule s of settlement, he was not entitled to an order of injunction.