Enemy
Property (Lands and Buildings) Administration and Disposal Order, 1966
Section 4–
Under this
section the lessee was not entitled to hold over after expiry of the period
oflease.
Farid Miah
vs Kutub uddin 46 DLR (AD) 183.
Section 5–
The
petitioner having furnished sufficient documents to establish his prima facie
title, even if his title is invalid or bad in law it would be a matter to be
decided by the civil Court. It is for the authority to go to the civil Court
and to get a decision as to title and find whether the petitioner could be
evicted by means of notice under section 5 of the Order.
Aftab uddin
Ahmed vs Bangladesh 46 DLR 59.
Articles 4 & 5–
The
Government has no right to oust a co–owner in possession of the disputed
property without bringing a suit for partition to separate the enemy portion
thereof.
Zillul Haq
and others vs Maloti Bala Dey & ors 50DLR 367.
Paragraph 5–
After the
repeal of Vested and Non–Resident Property Ordinance vide Ordinance No.92 of
1976 there was no scope for starting any VP case under the provisions of the
aforesaid law afresh and if any proceeding is started for treating a property
as vested property, under the law that will be absolutely without jurisdiction.
Additional
Deputy Commissioenr (Revenue) vs Md Mostafa Ali Mridha and others 48 DLR
193.