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amar prosad bhowmick (nil)     14 March 2014

Dispute in the land allotted to refugees of bangladesh

I at the age of 10-12 years arrived in west bengal from east pakistan, now bangladesh, with my elder borther and mother during 1950

after arrival, our family was allotted a piece of land at panihati, dist 24 parganas, west bengal, by department of refugee, relief and rehabilition, government of west bengal during 1953

during 2001, i came to know that my elder brother had transferred the whole property in his name although i alongwith my family stayed with him since the allotment of land

also i came to know from reliable sources that he is planning to sale the whole property to some property brooker to build a apartment.

immediately i filed a civil case in the lower court during 2003 with the request to issue a stay order on any transfer of the property and i got so as i am entitled for equal share in the said piece of land.

meanwhile during pendency of the case, my elder brother sold the whole property during 2004 to the said land brooker and executed a sale deed and registered in the registry office at kolkata.

presently in 2014. the lower court has dismissed the stay order and the land brooker is trying hard to enter the said piece of land by using force.

meanwhile i have filed a review petition in the district court seekin squashing of the dissmisal of stay order as the whole process of transfer of land is illegal as it took place during pendency of the case and  i am also entitled for equal share of the piece land which i have developed from my retirement benefits.

kindly advice me further course of action so that i can get natural justice.



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     15 March 2014

Have you filed a partition suit along with a suit for injunction?, have you impleaded the purchaser as a party?, Even now you can file a partition suit if not filed earlier.  The option remaining with you is preferring appeal before higher court.

amar prosad bhowmick (nil)     20 March 2014

i have not filed any partition suit yet

but filed a suit for injunction in the lower court, but my lawyer could not defend the case due to improper representation. also impleaded the purchaser as a party

it seems that the sitting judge was impressed with the purchaser's false submission.

now already  filed a appeal suit against the order in the district court.


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