Bangladesh Abandoned Property (Buildings in the Urban Areas) Rules, 1972

 

 

Bangladesh Abandoned Property (Buildings in the Urban Areas) Rules, 1972

 

Rule 10

Suit for declaration simpliciter – ­When the suit property is in possession of the Government, no prayer for recovery of possession is required. If it is declared by the Court that the property is not an abandoned property, the Government will have no reason to possess the same and will be under an obligation to restore possession to the plaintiff and no prayer for recovery of possession as a consequential relief is necessary. The lessor under the government has no independent right and no prayer for her eviction is necessary.

Hashem vs Bangladesh 43 DLR 109.

Rule 10(4A)-

As the sale by tender was not concluded and the tender procedure was continuing and during pendency of the suit the amended rule (4A) came into force, the plaintiff is entitled to have the benefit of the amended rule, although it was not given any retrospective effect.

United Commercial Bank Ltd vs Rahimafrooz Batteries Ltd and others 52 DLR 625.

Rule 14-

In exercise of statutory power the prescribed authority passed orders declaring the disputed property as not being abandoned property and directing its release in favour of the petitioner. This order having not been set aside or revised by any appellate or revising authority, it is not now open to the government or any of its agencies to ignore the prescribed authority's order.

Rana Awan vs Ministry of Works 43 DLR 139.

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