Enemy Property Ordinance, 1965

 

 

Enemy Property (continuance of Emergency Provisions) (Repeal) Act, 1974

 

Writ petitioners have challenged the validity of the Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974 and amendment and circulars issued under the said Act—upon repeal the said Act, ceased to exist and thereafter no property could be treated as enemy property under the said law—relied upon 46 DLR (HCD) 136. [Para-2]

Tarekeswar Roy & Ors Vs. Ministry of Lands & Ors. 5 BLT (HCD)-164

 

Enemy Property Ordinance, 1965

 

Whether the joint property without partition left by owner of 2/3rd share in the property should be declared as enemy property by virtue of enemy property law and vested in the Govt.

Held It has been settled that 1/3rd share of the plaintiff opposite party No. 1 and 2/3rd share of co-sharers on left the country and their property was possessed and enjoyed by the plaintiff opposite party as the property was joint having no partition. In the circumstance the government ‘by declaring the property as enemy property or vested property could not take possession of the same and uless the share of the parties is determined by partition suit, the undivided property cannot be declared as Enemy Property—The property is a Hindu joint family property and the plaintiff opposite party No. 1 is living in the house and so the same cannot be leased out to any other persons of other religion— I discharged the rule. [Paras-8 & 10]

Bangladesh Vs. Dipak Baran Singh Roy & Ors 4 BLT (HCD)-141.

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