November 21, 2018, 10:17 am

bd law reports

The Defining Part denotes Property owned by a Person

Art.2(1)- The defining part denotes property owned by a person who is either not present in Bangladesh or whose whereabouts are not known or who has ceased to occupy,supervise or manage in person his property. A question may arise whether the three sub clauses are distinctively and there is no need to construct them conjunctively.

In the inclusive definition two categories of property are included; First is the property owned by a person who is a citizen of state after 25th day of March 1971, is at war or engaged in Military operation against Bangladesh and the 2nd is the property taken over by the Government under Acting President”s order No. 1 of 1971. So far as the inclusion Clause is concerned both the categories of properties come within the meaning of the definition of abandoned Property.– 30 DLR (SC) 101

Art 2(1) and 16(1)-  Property which is not abandoned property as defined in the Art. 2(1) will not vest in the Government -upon representation the owner is entitled to get it back if still refused he can appeal under Art. 16(1)-30DLR (Ad) 169

Art. 5- Unless the plaintiff  is  found  to be in unlawful possession of an enemy property he is not liable to be evicted Under Section 5 of the said order.–29 DLR 239

Art 3(20– Abandoned property does not become Government”s property- An admi nistration appointed under P. O 16 of 1972 is not a Government servant as in Art. 152 of the Constitution.- 29 DLR 362

Art-7 Eviction by a person who is not authorized is illegal. 29 DLR 125

Art.4,10,15 and 16- In Bangladesh where any right arising from part performance of  a contract has been given a positive statutory shape in section 53A of the Transfer of Property act,such right issues from a positive legislative enactment and is not founded merely on equity or a contract. So long as the agreement remains in force and the party in possession can not be interfered with by a party to the said contract or any person claiming under the said party.- 31 DLR (AD) 267.

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