Law:

Section:

(a) East Bengal Government Lands and Buildings (Recovery of Possession) Act,1952 (X of 1953)--- S. 5 (1) read with East Bengal (Emergency) Requisition of Property Act (XIII of Iy48), S. 3-Acquisition of property-Original requisition order, or its copy not placed before Court and acquisition notification appearing in Gazette describing requisitioned property "as a part of C. S. Plot. No. 67"-No specification by boundaries or otherwise of this part given or made-Requisitioning authority bound to indicate definitely part of land required in circumstances-Specific portion out 19.1 of a bigger plot wanted-Necessary in such event to give adequate description of portion sought to be acquired. Ralli Brothers v. Provkee of East Pakistan and others P L D 1966 S C 409 ref, (b) East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952 (X of 1953)- --- S. 5-Summary procedure provided by Act for acquisition of property-Not to be resorted to where bona fide dispute regarding title to land sought to be acquired exists-Question of title-To be left to be decided by regular suit. There seems to be a bona fide dispute concerning title to the land in question, in the circumstances of the case, between the parties. The Summary procedure provided by this Act could only be pressed into service where the title of Government is clear. This seems to 'be a fit: case in which the question of title should be decided by a regular suit failing agreement inter-panes. S. Harem Ali and others v. Province of East Pakistan and others Civil Appeal No. 32-D of 1960 ref. JUDGMENT S. A. RAHMAN, J.-This is an appeal by special leave on behalf of Sufia Khatun, from an order passed by the High Court at Dacca on a petition presented by her, under Article 98 of the Constitution. 2. The facts necessary for understanding the points raised on this appeal are as follows. The appellant purchased about 41 acres of land out of C. S. Plot No. 67, appertaining to C. S. Khatian No. 174 in Mouza Dhan Mondi, District Dacca by a registered sale-deed, dated the 27th of February 1953 from one Ali Azam. The latter in turn had acquired the property by a registered deed dated the 12th January, 1953 from…

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