The High Court Division in exercise of its writ jurisdiction cannot sit as a court of appeal over the judgement of the Court of Settlement for re-settling the questions of fact. In that case also the Court of Settlement on consideration of the materials on record arrived at a finding that the petitioner in that case was not the daughter and heir of the original lessee and that she had not been in possession of the house in question at the relevant time. The respondent failed to prove her claim to be the heir of the original allottee and also that the building was unlawfully declared abandoned. She could not prove that she was in possession of the building. The Court of Settlement, having called the relevant records for the building in question, came to a finding that the building was in the possession of the Government and declared it as having been lawfully declared as abandoned property. We find merit in the appeal, which is accordingly allowed, without however, any order as to costs. The impugned judgement and order of the High Court Division is set aside. .....Government of Bangladesh =VS= Musammat Amikun, (Civil), 2018 (2) [5 LM (AD) 1] ....View Full Judgment

Abandoned building–
The High Court Division in exercise of its writ jurisdiction cannot sit as a court of appeal over the judgement of the Court of Settlement for re-settling the questions of fact. In that case also the Court of Settlement on consideration of the materials on record arrived at a finding that the petitioner in that case was not the daughter and heir of the original lessee and that she had not been in possession of the house in question at the relevant time. The respondent failed to prove her claim to be the heir of the original allottee and also that the building was unlawfully declared abandoned. She could not prove that she was in possession of the building. The Court of Settlement, having called the relevant records for the building in question, came to a finding that the building was in the possession of the Government and declared it as having been lawfully declared as abandoned property. We find merit in the appeal, which is accordingly allowed, without however, any order as to costs. The impugned judgement and order of the High Court Division is set aside. .....Government of Bangladesh =VS= Musammat Amikun, (Civil), 2018 (2) [5 LM (AD) 1] ....View Full Judgment