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Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ...... "Reading the Act as a whole the intention appears to be firstly, that all rent receiving interests shall disappear; secondly, that so far as tenants are concerned, they will be entitled to retain possession only of certain categories of lands which are retainable, and thirdly, that even in res..Category: Property Law | Date: | Hits: 19
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......Nath Ghose inherited 3/5th share of the property left by him. Before his death Debendra Nath purported to make a gift of his entire land in favour of plaintiff Nos.1, 2 and Arun Kumar and put them in possession thereof. Arun Kumar having died his share devolved on his son, plaintiff No.3. Their fu..Category: Property Law | Date: | Hits: 64
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......ut the case property to (i) Md. Faiz Hossain Miah, (ii) Abdul Latif Mia, (iii) Joynal Abedin Mia and (iv) Serajul Islam by registered deed No.432 dated 28-11-1945. 4. After purchase they went into possession and enjoying the case property and mutated their names in the records of Dhaka Municipal ..Category: Property Law | Date: | Hits: 66
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....gested in 5 BSCD 264 their Lordships of the Appellate Division held as follows:- "When the plaintiff-respondents are found to be out of possession, a mere suit for declaration without a prayer for recovery of possession is clearly hit by the Proviso to this section and accordingly, the suit is no......bdul Hye and others reported in 49 DLR 428 it has been held as under: "The defendants being in possession of the suit land from before filing of the suit, the plaintiff was to pray for recovery of khash possession by way of consequential relief as a suit for mere declaration is liable to be dismi......operly valued and Court fees paid were sufficient? III) Whether the suit was barred by limitation? IV) Whether the suit was bad for defect of parties? V) Whether the plaintiffs had title and possession in the suit lands? VI) Whether plaintiffs were entitled to the reliefs as prayed for? ..Category: Property Law | Date: | Hits: 52
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......at a consideration of Taka 2000.00 only but no notice of the disputed sale was served upon him as required under section 89 of the SAT Act. It was further alleged that opposite party No.1 had been in possession of the case land prior to the disputed sale as a mortgagee, and as such, he knew nothing ..Category: Property Law | Date: | Hits: 54
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......tself. 18. The principle expressed in the case referred to above fully applies in the facts and circumstances of the case in hand. After execution of the deed, normally the vendee is inducted into possession of the land sold, but after presentation of a document for registration it takes days, mo..Category: Property Law | Date: | Hits: 38
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ...... the defendants applied for lease in response of the declaration and he got pattan of 2.64 acres of land vide registered kabuliyat dated 24.03.1964. That in the meantime Government again declared the khas land would he leased out among the people and the principal defendant Motiar Rahman applied for......ssing the pattani jote and while Insar Ali has been possessing the suit land he gave pattan of the same land to the predecessor of the defendants namely Md. Matiar Rahman in 1356 B.S. and handed over possession thereof. Since stepping in suitland the predecessor of defendants Motiur Rahman possessed..Category: Property Law | Date: | Hits: 48
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......1 in the Court of learned Munsif, Satkhira impleading the opposite parties as defendants praying for a decree for title and confirmation of possession in the suit land stating, inter alia, that total khash land measuring about 2.08 acres as described in CS Khatian Nos, 2862, 2794, 742 and 2046 of Mo......ff-Appellant-Petitioners instituted Title Suit No.400 of 1981 in the Court of learned Munsif, Satkhira impleading the opposite parties as defendants praying for a decree for title and confirmation of possession in the suit land stating, inter alia, that total khash land measuring about 2.08 acres as..Category: Property Law | Date: | Hits: 57
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......plaintiff nos.2 and 3. Serajul Islam died leaving behind plaintiff nos.4 to 16 as his heirs. Sultan Mia died leaving behind plaintiff nos.17-22 as his heirs. The aforesaid plaintiffs had/have been in possession of 17½ decimals of land in the eastern side of the plot i.e. the suit land by constructi..Category: Property Law | Date: | Hits: 56
Category: Property Law | Date: | Hits: 65
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ...... who took settlement by executing a registered kabuliyat in favour of the then Government on 7.11.21.At the time of taking settlement of the suit land Abdul Kader Mia was a -seasonal hut collector of khashmohal; that Abdul Kader Mia died leaving behind the plaintiffs as his heirs while he was in ser......dents Judgment August 2, 5, 8, 2010. Result: The appeal is allowed. The limitation will start not from the date of publication of record of right, so long any dispute as to title and possession is not raised . . . the wrong record of right by itself does not constitute a ground of l..Category: Property Law | Date: | Hits: 146
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......ceased respondent No.7 Kofiluddin. 2. Facts leading to issuance of the Rule, in brief, are that the petitioners’ predecessor-in-interest Abeda Khatun and her co-sharers were the lawful owners in possession of a piece of land measuring .6343 acres at Mouza Ibrahimpur, Dhaka Cantonment, Dhaka whi..Category: Property Law | Date: | Hits: 82
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......xecute and register the kabala in favour of the plaintiff just after the judgment of the case of the husband of defendant No.2 is pronounced. It may be mentioned here that at the time of handing over possession of the land of Iman Hossain Gazi to the plaintiff after registration of the kabala, in 19..Category: Property Law | Date: | Hits: 103
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......ded defendant No.2 contested the suit by filing separate written statement denying all the material allegations made in the plaint. 5. The case of the defendant No.1 are that the suit land was the khas land of Ex-landlords which by operation of law vested with the Government. The Government is no......s favour in S.A. khatian No.985. During Liberation War, his all documents were lost. The plaintiff has been claiming the suit land by way of some fictitious documents and he has no right, title and possession in the suit land. Therefore, the suit is liable to be dismissed. 7. On the pleadings f..Category: Property Law | Date: | Hits: 76
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......ess No.259/7(16) dated 5-10-1997, served a notice upon the petitioner under section 6 of the Ordinance (Annexure-B) stating that the Government has decided to acquire his property and intends to take possession thereof and asked the petitioner to appear on 16-10-1997 to state the nature of his inter..Category: Property Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....tle Suit No.228 of 1979 in the First Court of the then Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A......228 of 1979 in the First Court of the then Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plai......f 1979 in the First Court of the then Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plaint or..Category: Property Law | Date: | Hits: 104
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......6 of 1959 in the First Court of Munsif at Comilla seeking following reliefs: i. Declaration of Rayati title on suit property described in second schedule to plaint and, also, for confirmation of possession therein. ii. A decree of permanent injunction restraining first-defendant of the suit,..Category: Property Law | Date: | Hits: 69
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......ling that the name of the two brothers has been recorded in S.A. Khatian. 17. The learned Advocate Mr. Subrata Saha, further argued that the D.W.1 categorically admitted that the plaintiffs are in possession in suit plot No.171 which proved the assertion of the plaintiff that plaintiff's predeces..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... No.560/669 originally belonged to Satinath Bandapaddhaya alias Sagar Babu. The said land was put to auction sale for arrears of rents and one Promode Bala Devi auction purchased the same. While in possession, she sold away demarcated block of land measuring 5.88 acres to Jinnatun Nessa Bibi and K..Category: Property Law | Date: | Hits: 115