IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(Civil Appellate Jurisdiction)

First Miscellaneous Appeal No. 208 of 2021

With

Civil Rule No. 261 (FM) of 2021

In the matter of:

Md. Idris Dewan, son of late Al-haj Sultan Ahmed Dewan of 315, Dewan Building, Village- Dewan Bari, Post Office- Bandar-4100, Police Station- Doublemooring, District-Chattogram and others.

… Appellants

-Versus-

Mrs. Nur Nahar Begum, daughter of late Lal Mia Sawdagar of Village- 1 no. Supariwala Para, Post Office- Pathantuli, Police Station- Doublemooring, District- Chattogram and others.

…Respondents.

Mr. Md. Majharul Islam, Advocate

…For the appellants-petitioners

Mr. Pronay Kanti Roy, Advocate

....For the respondent-opposite-party nos. 1 and 2

Heard and Judgment on 28.10.2024.

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Md. Bashir Ullah

Md. Mozibur Rahman Miah, J.

Since the point of law and fact so figured in the appeal and that of the rule are intertwined, they have been heard together and are being disposed of by this single judgment.

At the instance of the 3rd parties, this appeal is directed against the judgment and order dated 21.10.2020 passed by the learned Additional District Judge, 5th Court, Chattogram in Waqf Miscellaneous Case No. 24 of 2018 filed under section 35(1) of the Waqfs Ordinance, 1962 allowing the case and setting aside the order dated 20.11.2017 passed by the Administrator of Waqfs, Dhaka in E.C. No. 17783 of 2017.

In a nutshell, the case of the 3rd parties herein the appellant is:

The present respondent no. 1 namely, Mrs. Nur Nahar Begum filed an application under section 50 of the Waqfs Ordinance, 1962 before the Administrator of Waqfs, Dhaka stating inter alia that, she got the property from her father vide a registered sale deed dated 18.06.1946 bearing No. 2063 measuring an area of 11.60 decimals of land and after the demise of her father, she started enjoying title and possession over that land and accordingly P.S and B.S. record was prepared in her name. She also got her name mutated in the khatian through Mutation Case No. 3-0685/06 dated 15.06.2006 and has paid land development tax (M¡Se¡) up to 1423 B.S and thereby has been enjoying title and possession over the said purchased land all along. Lately, she came to learn that her uncle namely, Al-haj Sultan Ahmmed Dewan by declaring her owned property as waqf property executed a deed bearing no. 12048 dated 11.07.1980 and thereby created a Waqf Estate titled “Al-haj Sultan Ahmmed Dewan T.K Waqf Estate” bearing No. E.C. 17783. Since the said property was illegally incorporated as waqf property, she then filed the application before the Administrator for releasing the same. In view of filing the said petition, the Administrator of Waqfs then issued letters one, to the Waqfs Inspector, Chattogram (Zone-4) as well as the Mutawalli to inspect the property and to submit report as well as opinion. Accordingly, the Inspector of Waqfs, Chattogram (Zone-4) by his report dated 04.04.2017 and the Mutawalli, Mohammad Nizam Uddin Dewan by his opinion dated 03.04.2017 held that, the land included in the waqf estate belonged to the petitioner. Regardless, the Administrator of Wafqs undersigned by one, Md. Mosharaf Hossain, Assistant Administrator of Waqfs, Dhaka, Bangladesh by office order dated 21.11.2017 rejected the application of the petitioner herein respondent no. 1 holding that, two writ petitions bearing Writ Petition Nos. 1633 of 2016 and 2725 of 2016 had been pending.

Feeling aggrieved by and dissatisfied with the said order passed by the Administrator of Waqfs, the respondent no. 1 as petitioner then preferred a Miscellaneous Case under section 35(1) of the Waqfs Ordinance, 1962 before the District Judge, Chattogram being Waqf Miscellaneous Case No. 24 of 2018 narrating similar averments so made in the application before Administrator of Waqfs under