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Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....a and to pay off employees and for increasing the earn­ing of the said Debattar property the Managing Sebayet Ranendra Nath Bose erected some sheds and kutchha rooms in the case plot No.65 and other lands and let out the same. In the eastern side of the case plot No.65 there was a walk way and one ......te for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...

Category: Tenancy Law | Date: | Hits: 214

A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)

.... 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Munsif, Khulna for declaration of title, recovery of possession of the suit land after demolish­ing the structures thereon and for mense profit and permanent injunction al......sed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..

Category: Property Law | Date: | Hits: 138

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....08, 309, 310 and 311 under Mouza Moillakanda, Thana-Gouripur, District-Mymensingh belonged to defen­dant No.1, Krishan Lal Agarwala. The defendant No.1 entered into an agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- w......dingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....ase, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 2004 in the Court of Assistant Judge, Chakaria, Cox's Bazar praying for simple declaration of title over the suit land as more fully described in the schedule of the plaint impleading the defendant Nos.1-6. The ac......s also Reported in: VI ADC (2009) 1000. ......bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ..

Category: Property Law | Date: | Hits: 88

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

.... No. 103 of 1996 decree­ing the suit. 2. The facts of the cases, in short, are that Babu Shailendra Kumar Purkayestha and Nogendra Kumar Purkayestha were mirasdars and owners of the suit land and the plaintiff took jote settlement of the suit land from them before the commencement of t......sed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....spondent No.3 of the leave petition. The suit, was for a decree for permanent injunction restraining the said defendants from interfering with the peaceful possession of the plaintiffs of the suit land. 4. The facts relevant are that the plaintiffs' father Nosibullah was the admitted own...... Ed. This Case is also Reported in: VI ADC (2009) 991. ......t of their respective shares and that plaintiffs were in physical possession of the suit land and that the suit land not being partitioned the said plaintiff Nos.1 and 2 and defendant No.2 were in ejmali possession, though the defendant No.2 was not in physical possession, and that the defendant..

Category: Property Law | Date: | Hits: 158

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....ge, 2nd Court, Chandpur, decreeing the same. 2. The appellant Nos.1-3 and respondent No.56 as plaintiffs instituted the aforesaid Partition Suit No.113 of 1994 for partition alleging that the suit land measuring 0.36 acres of C.S. Khatian No.341, S.A. Khatian No.347 of Mouza 418 Kherighar formerl......ithout any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..

Category: Procedural Law | Date: | Hits: 105

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....ords show that before the High Court Division both the learned advocates for the petitioners as well as Agrani Bank, the respondent No.2 submitted that the auctioned property comprises 5 kathas of land situated at the Indira Road Dhaka with a multi-storied building situated thereon and the actua......e. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ..

Category: Civil Law | Date: | Hits: 191

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....1st Court, Kishoregonj decreeing the Partition Suit No. 51 of 1990 in preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Settlement Khatian No.2352. He remaining as the owner in possession in the said land,....... Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ..

Category: Property Law | Date: | Hits: 99

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

....t Nos. 1-4 (petitioners) are illegal, fraudulent, not acted upon and the plaintiffs are not bound by those deeds. 3. The plaintiffs' case, in brief, is that Badruzzaman was the owner of suit land. He sold 'Ga' schedule land on 24.11.1978 to his daughter Mahsuma Khatun and that Badruzzaman ...... the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..

Category: Property Law | Date: | Hits: 92

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

....ing to these petitions, in short, are that the respondent Nos.1-3 as plaintiffs filed Title Suit No.179 of 1993 in the Court of the Senior Assistant Judge, Sadar, Jessore for partition to the suit land alleging, inter alia, that the suit land belonged to Danu Moral before C.S. operation, who mar......the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ..

Category: Property Law | Date: | Hits: 90

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

.... Title Suit No. 71 of 1983 before the learned Subordinate Judge (now Joint District Judge), 1st Court. Mymensingh for partition and declaration of title and recovery of khas possession of the suit land described in the schedule of the plaint against the respondents and after filing the suit summ......having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..

Category: Procedural Law | Date: | Hits: 143

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....t all during his illness. Defendant No.9 in collusion with defendant No.1 and others fraudulently created a Wasiatnama in favour of defendant Nos.1-3 in the name Abdul Hakim Chowdhury for the suit land on 1.11.1962 without the consent and knowledge of other heirs including the plaintiff who came...... Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 97

Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)

....tor filed Miscellaneous Case No.1 of 1981 in the court of the learned Munsif, Patuakhali and it was subsequently renumbered on transfer as Miscellaneous Case No.91 of 1983 for pre-emption of the case land measuring 79 decimals out of 2.26 acres of land under section 96 of the State Acquisition and T......e petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981...

Category: Property Law | Date: | Hits: 61

Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)

....re-emptors filed Miscellaneous case No.1 of 2000 in the Court of Senior Assistant Judge, Munshigonj against the petitioners and the opposite party Nos. 4-19 praying for pre-­emption of the case land under section 96 of the state Acquisition and Tenancy Act alleging, inter alia, that the pre-e....... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ...... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ..

Category: Property Law | Date: | Hits: 44

Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)

.... respondent to break his house and take it back by 3 feet inside his compound. 3. The case of the present petitioner as plaintiff, in brief, is that on 03.12.1974 she had purchased her said land from one Kasiruddin and within year she construct­ed thereon a one storied building. Subse......tions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ..

Category: Property Law | Date: | Hits: 87

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

....ourt of Assistant Judge, Chittagong, Sadar in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter ...... There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..

Category: Property Law | Date: | Hits: 82

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

.... deed of heba-bil-ewaz dated 19.04.1977 by Dr. Sadeq Ali in favour of the defendant No.1 is forged, fraudulent, anti dated and is not binding upon her on the averments that Ka, Kha and Ga schedule land of the plaint belonged to Dr. Sadeq Ali who died leav­ing behind her as widow, two daughte......t: Mohammad Fazlul Karim J                    Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner ......ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ..

Category: Property Law | Date: | Hits: 87

Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)

....vals as a public Debottor property, Sreemati Zugal Dasshya and Usha Rani Dashya were the owner of the “Ka" schedule property appertaining C.S. and S.A Dag Nos. 1720 and 21 measuring suit lands .48, 1.49 and 1.36 decimals respectively by a pattan nama. Subsequently they executed and reg......on which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ..

Category: Civil Law | Date: | Hits: 110

Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)

....ed pre-emption Miscellaneous Case No.3 of 1996 under section 96 of the state Acquisition and Tenancy Act, 1950 in the Court of Assistant Judge, Rajapur, Jhalakathi for pre- emption of 0.14 acres of land out of 2.66 acres described in S.A. khatian No.407 claiming him as a co-sharer by inheritance......Present: Mohammad Fazlul Karim J                   Md. Tafazzul Islam J Md. Joynul Abedin J Nazimuddin Molla...................Petitioner Vs. Mobasser Ali Howlader an......ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed Ed. This Case is also Reported in: VI ADC (2009) 938. ..

Category: Property Law | Date: | Hits: 57