| Citation(s) |
|---|
| 1967 SLD 272 = 1967 PLD 521 |
Civil Rule No. 897 of 1965, decided on 22nd November 1965.
K. M. Hasan and A. S. Chowdhury, JJ
ANIL DAS AND OTHERS-Petitioners
VERSUS
MUSTAQUE AHMED-Opposite-Party
Law:
Section:
A. S. CHOWDHURY, J.-This revisional application is directed against an order made by Mr. S. J. H. Sekandar, District Judge of Dacca, in Miscellaneous Appeal No. 99 of 1965, setting aside an order of Mr. A. Rehman, Magistrate, 2nd Class, Dacca made on 1 -3-1965 under section 2 of the East Pakistan Ordinance No. 1 of 1964. The petitioners' case, briefly stated, is that they left the premises in question owing to the civil disturbance of January 1964, and that the opposite-party Mustaque Ahmed occupied the premises and forcibly took the left thumb-impression on blank papers from the petitioner No. 2 Sarat Kamini Dasi and petitioner No. 3 Sand Dasi and that the same might have been converted into documents of title. The opposite-party, however, asserts that the petitioners 2 and 3 have divested themselves of their proprietary right in the premises by a duly executed documents which has been validly registered and as such the petitioners have no subsisting interest in the land to claim restoration of possession. We have perused the record of the case. It appears that petitioner No. 1 Anil Das submitted an application on the 7th December 1964, to the Sub-Divisional Officer (South), Dacca praying for restoration of possession in the holding Nos. 277 and 278 of Lalbagh Road. This petition was presented by Anil Das alleging that "the petitioner, his mother and aunt Sarat Kamini with other members of the family had to leave their houses due to threats and intimidation of one Mostaq Mia. "Another petition appears to have been filed by Anil Das, Sarat Kamini and Santi Dasi on the 11th February 1965 on the same allegations. Opposite-party Mustaque Ahmed also filed a petition before the Magistrate claiming to be the lawful owner of the premises in question. On receipt of the application dated 7-12-64 the Sub-Divisional Officer (South) sent the Officer-in-charge, Lalbagh Police Station for enquiry and report. After a local enquiry the Officer-in-charge submitted a report on 30-12-64 stating that "the petitioner and his family members had to vacate their houses for their safety". He also reported that "the second…