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Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....te Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants. The plaintiffs' case, i......gra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants. The plaintiffs' case, in short, is ......in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants. The plaintiffs' case, in short, is that ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ......……Respondents Judgment February 24, 1978. Result: The rule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....n confirmation of a sale amounted to actual possession and as such the defaulting proprietors stood dispossessed thereby and that they could not have filed the suit for mere title without praying for recovery of possession, in support of this, contention he has relied upon a decision of this Court i...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... have been possessing the under-tenure interests in the other two under-tenures recorded in Khatian Nos. 512 and .514 under the plaintiffs Nos.8 to 18. These plaintiffs claimed to have been in actual possession of the land and some of them have got their homestead therein On 13.7.59 they came to lea..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....n confirmation of a sale amounted to actual possession and as such the defaulting proprietors stood dispossessed thereby and that they could not have filed the suit for mere title without praying for recovery of possession, in support of this, contention he has relied upon a decision of this Court i...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......have been possessing the under-tenure interests in the other two under-tenures recorded in Khatian Nos. 512 and .514 under the plaintiffs Nos. 8 to 18. These plaintiffs claimed to have been in actual possession of the land and some of them have got their homestead therein On 13.7.59 they came to lea..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
....that the Sub-divisional Officer Brahmanbaria having been duly authorised by the Deputy Commissioner of the district and also the Assistant Custodian of Enemy Property to take necessary steps for recovery of possession of enemy property in unlawful possession of the appellant and to realise......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......nment for unauthorised occupation of 55.22 acres of land. In compliance with the said notice the appellant submitted a petition stating, inter alia, that out of the said 55.22 acres of land he was in possession of only 28.98 acres of land of which 17.67 acres were debuttor properties, 3.80 acres of ..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ......rminate, The trial Court had dismissed the suit. Additional District Judge on appeal had decreed it on a date when the period of licence had expired and the appellant (plff-Landlord) had the right of possession. It was premature when it was filed but the cause of action respecting which had arisen d..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ...... 2. 71 by registered kabala for a consideration of Tk. 1000/-. The pre-emptee is stranger to the holding. No notice of the transfer was served upon the pre-emptors. The pre-emptee erected a hut, took possession in 2 cowsheds of the pre-emptor No. 2 on 9. 5. 72 in his absence giving out that he purch..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......nstruction of Kalabagan house was shown as at Rs. 12000/-.The petitioner explained that actually his cousin spent a sum of, Rs. 5000.00 to build a temporary structure which had helped him to keep the possession of the land as because certain litigations were pending in connection with the land. It w..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ......ecessary for disposal of the appeal, are that an area of 2.55 acres of land belonging to the respondents comprising C.S. Plots Nos. 59, 60, 89 and 90 of mouza Bhola P.S. Tejgaon was requisitioned and possession thereof was taken on 27. 5. 59 under the T.I. Act. This land was finally acquired on 23. ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ...... he is not liable to be evicted from the disputed premises or in the alternative for permanent injunction restraining the Defdt. Nos.1 and 2 from any way interfering with the plaintiffs long standing possession in the suit premises. 2. The then Pakistan (now Bangladesh) and the then Province of..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ......e easement right claimed in respect of the suit land. 2. The suit was contested by the defendants denying the material facts. According to the defendants the suit land belonged to ex-landlord in khas. Although it was previously in the nature of khal and was recorded in the C.S. khatian as khal,......idence of the parties. The oral evidence adduced by the defendant, according to the learned Munsif was contrary in material particulars and as such the learned Munsif held that the defendants have no possession in the suit land. The learned Munsif accepted the, oral evidence of the P.Ws. and held th..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
....ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......, Dacca, confirming in appeal an order dated 13.9.72 of the Sub-Divisional Officer granting lease of an enemy property to Respondents Nos. 5 to 7 rejecting the claim of the petitioner who has been in possession of the land as the lessee continuously for 5 years from 1373 to 1378 B.S.
2. There i..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......, challenged the acquisition of rent receiving interests by the Government under the provisions of the aforesaid Act. Since, according to him, after the notifications of acquisition of non-retainable khas lands, any application for retaining such land in excess of the question relating to acqui......on that they are entitled to a certificate under Section 20(4) of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred as to "the Act") enabling them to retain possession of land in excess of the limit specified in section 20 (2) is hit by section 2 of the Pre..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ...... stay thereafter the proclamation. During his stay in Calcutta, a notice dated 23-5-1966 was issued declaring the properties of the partnership firm enemy properties and directing the delivery of possession of those properties to the Tahshilder of the Government Acquired Estate, Bhairab. The ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
....
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......der Notification No.737-Reqn., dated 30. 6. 70 provided the Waqf Estate is agreed to accept the following terms and conditions:-
(1) That the Waqf Estate shall not claim restoration and physical possession of the land after withdrawal.
(2) That the waqf Estate shall have to accept the exis..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....s defendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a permanent injunction against the ......No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a permanent injunction against the Province of ...... in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a permanent injunction against the Province of Benga..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......er the sale was confirmed. The other relevant orders calling attention are that on 27.5.71 sale-certificate was granted to the auction Purchaser; on 31.5.71 order for |he issue of writ of delivery of possession was made. On these occasions the judgment-debtor appeared through a lawyer, though n..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....property and he also held that the prayer for declaration and for injunction was not maintainable. He, however, held that the plaintiff was given a chance to modify the plaint for declaration and for recovery of khas possession giving proper market value of the Tea Estate, in default the suit shall ...... he also held that the prayer for declaration and for injunction was not maintainable. He, however, held that the plaintiff was given a chance to modify the plaint for declaration and for recovery of khas possession giving proper market value of the Tea Estate, in default the suit shall stand dismis...... are mala fide, unlawful, null and void illegal, without jurisdiction and of no legal effect. B) A permanent injunction restraining the defendant No.1-7 from interfering with the plaintiff's possession and management of the S/properties in any manner and also from withdrawing any amount fro..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......t party demises to the Second party the Schedule properties comprising the Loobacherra Tea Estate excluding 125 acres of the land whereupon the proprietor's bungalow stands and the adjoining khas paddy lands, and the Second party takes over the management of Loobacherra Tea Estate inclusive......eby an order of the trial Court refusing to issue temporary injunction was reversed and an injunction was granted putporting to restrain the defendant from interfering with the plaintiff’s possession in a Tea Estate till disposal of the suit. The plaintiffs who are the opposite parties No..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ......nd was leased out to the plaintiff and one Azahar Bahadur by the owners of the property in 1351 BS on receiving salami and also at a rental of Taka 2.25 by issuing Amaldari and Dakhilas and delivered possession to the plaintiff and others. Since 1351 BS the plaintiff was in peaceful possession of Ka..Category: Property Law | Date: 3 May, 1972 | Hits: 4
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