Restoration of Possession
Section 151 read with Order XXI, rule l00—Whole relief granted to the 3“ applicant on an application under section 151 of the Code before disposal of the miscellaneous case under Order XXI, rule 100 of the Code for restoration of possession without taking any evidence as well as without giving any chance to the decree holder to file written objection, which is against the basic norms of adjudication and principles of natural justice. Goolshan Ara Begum vs Syed Maroof Ahmed (Civil) 67 DLR (2015)-HCD-529
Section 9—In a suit for recovery of possession under this section the plaintiff is entitled to get a decree for possession against a defendant without proving his title and such remedy being a summary one is intended to restore the status quo ante and such restoration of possession is however, always subject to a regular title suit.
Shamsul Haque Akanda and others vs Azimuddin Akanda & others 3 BLC 480
Section 522-—-Restoration of possession of immovable property——The order of the Court restoring possession must be passed within one month from the date of conviction. The Magistrate having passed the order of restoration beyond 30 days of the order of conviction acted without jurisdiction. The provision of section 522 cannot be availed of if the dispossession is not by means of criminal force or show of force or criminal intimidation. ln the instant case the accused petitioner wrongfully entered into the shop at 10- 30 PM but at that time the complainant opposite party or his wife, who was the tenant, was not upon the scene. There was neither assault nor any resistance or use of criminal force in the act of dispossession by the accused-petitioner. The Magistrate’s order is bad on this count also. Sheikh MA Jabbar vs AKM Obaidul Huq 43 DLR 233.
Section 9-When the suit is filed for restoration of possession under section 9 of the Specific Relief Act within 6 (six) months from the date of dispossession, it is maintainable. Bangladesh Jatiya Samabaya Shilpa Samity Ltd vs Shun Hosiery, Proprietor Md Abu Taleb and others 10 BLC (AD) 8.
Order 47 Rule 1—The Government made the order of release as per provisions of section 12 of the Abandoned Property (Supplementary Provisions) Ordinance, 1985 (Ordinance, No. 54 of 1985), in accordance with law. While releasing the case house from the list of abandoned buildings by the notification dated 16.05.1989, the Government directed the Commissioner of Settlement for taking necessary steps for handing over possession to the owner but writ respondent No. 4, a Government officer, failed to comply with the Government direction for restoration of possession to the owner. Md. Abul Kashem Vs. Hosna Ara Begum (Civil), 10 ADC (2013)-Page-312.
