Direct Sale of Mortgage Property Rules 1977 Mandatory injunction— A definite communication of acceptance of tender is necessary to give rise to a vested right— It is clear that the trial court committed an error in holding that the plaintiffs offer had been accepted merely because he was highest bidder and his earnest money had not been refunded nor informed that his offer had been refused. A tender floated by House Building Finance Corporation for the sale of a mortgage property has to be accepted by the Corporation and therefore the alleged verbal information by a nominated officer cannot be a proper communication of acceptance by the corporation. The tenderer does not acquire a vested right of a property merely because his tender for that property has not been rejected and his earnest money has not been refunded. A definite communication of acceptance of tender is necessary to give rise to a vested right. In the instant case Appellate Division finds that there is no evidence of communication of acceptance of tender/offer by the defendant House Building Finance Corporation to the plaintiff giving rise to a vested right. The appeal is therefore allowed with costs. The judgment and order passed by the High Court Division in Civil Revision No. 3118 of 1994 is set aside and the Title Suit No. 42 of 1989 in the 3rd Court of Subordinate Judge, Dhaka is dismissed. .....Sahana Chowdhury(Widow) =VS= Md. Ibrahim Khan, (Civil), 2025(2) [19 LM (AD) 177] ....View Full Judgment