GOVERNMENT OF BANGLADESH Vs. MD. SHAJAHAN

JUDGEMENT

(1.) Civil Appeal No. 132 of 1997 and 133 of 1997 by leave at the instance of Bangladesh is from the judgment and order of a writ Bench passed in Writ Petition No. 4165 of 1992 and Writ Petition No. 648 of 1987.

(2.) Writ Petitioner Md. Shajahan filed Writ Petition No. 648 of 1987 and writ petitioner respondent Showkat Jong Hasmi filed Writ Petition No. 4165 of 1992 under Article 102 of the Constitution Challenging the enlistment of their respective house as abandoned property.

(3.) Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazette Notification SRO No. 364-1/86 dated 23.9.86 listed the property under section 5(1) of the Abandoned Buildings (Supplementary Provision) Ordinance, 1985 in the "ka" list. Md. Shajahan filed Settlement case No. 103 of 1987 in the court of Settlement for exclusion of house No. 22 of Block-C, Tajmohal Road from the list of abandon property. The Court of Settlement dismissed the case by its judgment and order dated 25.5.1987 on the finding that Hasib Khan did not sell the property to Md. Shajahan.