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Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......ud on the kharida right, title and interest of the plaintiff-petitioners in the schedule-1(Ka) lands, Accordingly, the defendant No.1 is estopped from raising any claim on the suit lands after his sale and delivery of possession of the suit lands to the plaintiff-petitioners since 1961 and that ......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)
....1 was liable to be stayed. The petitioners filed an application before the executing court in the aforesaid Other Execution Case No.2 of 1996 praying for stay of all further proceedings of the execution case and the said application was rejected by order dated 3.11.2004. The petitioners the...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ..Category: Property Law | Date: | Hits: 23
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......he original owner by inheritance on 15.02.1988 by registered kabala sold the suit land to the plaintiff and delivered possession and the plaintiff used to grow drops thereon, but in the purchased deed the description of the land was incorrect which belonged to other person; that the plaintiff wa..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......e the vendor is his full brother-in-law who offered to sell the disputed land to the petitioner and his brother. But they expressed their incapacity to purchase the same. When the proposal of sale was made to the respondent No.1 he said that if any of the members of their family be a witnes...... 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecessor of respondent Nos.2-10. Ashek Ali sold the same to respondent No.1 by two registered deeds dated 05.05.1990 and 12.05.1990 beyond the knowledge of the petitioner. The petitioner i..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......t of Subordinate Judge (now Joint District Judge), Kishoreganj in Other Class Suit No. 69 of 1993 decreeing the same. The suit was filed seeking decree for specific performance of contract for sale of land. 2. It was the plaintiff's case that defendant No.1 proposed to sell the l......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
.... 5. Defendant Nos.4 and 6 filed written statement supporting the case of the defendant Nos.1-3 but ultimately did not contest the case. Defendant Nos. 5 and 7 filed written statement denying the execution and registration of the deed of gift. The defendant No. 5 deposed as PW 2 in support of t......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......d Artha Rin Adalat, Chittagong in Other Suit No.13 of 1993 decreeing the same. The suit was filed seeking saham of 6.93 acres of land on partition of the land in suit and for a declaration that the deed of gift dated August 25, 1984 in favour of the defendant No.1 was forged and fraudulent and no..Category: Property Law | Date: | Hits: 37
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ...... from the plaintiff but plaintiff having not sold land to the defendant No.1, he hatched up a plan to grab the property and that in connivance with certain Serajuddin brought into existence a deed in 1979 in respect of .32 acres of land, that Serajuddin had no right, title and interest in t..Category: Property Law | Date: | Hits: 33
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......ove suit was restored to its original file and number. 2. The appellant instituted the above suit for specific performance of contract and on obtaining ex parte decree dated 10-3-1986 got a sale deed executed and registered in his favour through Court in Other Class Execution Case No. 6 o......uit was restored to its original file and number. 2. The appellant instituted the above suit for specific performance of contract and on obtaining ex parte decree dated 10-3-1986 got a sale deed executed and registered in his favour through Court in Other Class Execution Case No. 6 of 198..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....or specific performance of the contract dated November 9, 1979 and the summons was served upon the defendants duly, that the said suit was decreed on April 26,1989 and the said decree was put into execution and in the said execution case kabala in respect of the land described in the schedule at......n agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day also appointed an attorney to comp......ber 16, 1988, (Exhibit 4) are genuine, that Exhibit 5 series (gas bills and electric bills) proved possession of the plaintiff, that signatures of Syed Rafiuddin Ahmed in Exhibit 1 (Anowara's deed) and in Exhibit C agreement dated 9-11-1979 are different, that by the kabala obtained by the ..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......roperty to her daughter Mustari Bibi under a heba-bil-ewaj and Mustari Bibi in her turn sold out the property to Most. Shahani Bibi, the mother of the plaintiff-respondents under a registered deed of sale and that Abdul Hamid transferred his property to Shahani Bibi under a deed of exchange. It was ......ed her property to her daughter Mustari Bibi under a heba-bil-ewaj and Mustari Bibi in her turn sold out the property to Most. Shahani Bibi, the mother of the plaintiff-respondents under a registered deed of sale and that Abdul Hamid transferred his property to Shahani Bibi under a deed of exchange...Category: Property Law | Date: | Hits: 28
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......ndant No. 12 created deed of exchange on June 11, 1989 in respect of 8 decimals of land of Plot No. 4346 and the defendant Nos. 5 and 7 in collusion with defendant Nos. 13 and 14 created a deed of sale dated August 31, 1989 for 3 decimals of land from the eastern part of plot No. 4344, that defe......intiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan, Rahmat Khan, Hanif Khan and Anis Khan, that Hanif Khan and Anis Khan mortgaged the land in suit by a registered deed of mortgage dated December 26, 1927 for an amount of Taka 48 and that it was stipulated in the..Category: Property Law | Date: | Hits: 48
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
....n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ......n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ......mestead on the suit land for generation and there being no conclusive finding to The effect that the defendant school is possession of the suit land to the exclusion of the plaintiffs and that the deed of gift of the year 1994 in favour of the school was not acted upon and further the Headmaster..Category: Property Law | Date: | Hits: 27
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
....decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 332. ......decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 332. ......hind Noresh Chandra Basu and others as her heirs who settled the suit land in favour of the defendant Nos.1, 2 and 3 Hamida Khatun and Monowara Khatun in the first part of 1353 B.S. The deed of settlement was granted in the name of the defendant No.1. The rent receiving interest of N..Category: Property Law | Date: | Hits: 23
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......sp; 3. Title Suit No.102 of 1990 was filed seeking partition and Title Suit No. 82 of 1991 was filed seeking declaration that the deed No. 5649 dated 19.6.1969 is void, fraudulent and fabricated. &nbs..Category: Property Law | Date: | Hits: 21
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ......,000/- and on 3.4.95 opposite party Nos. 2-15 will execute kabala in favour of the opposite party No.1 and then on 4.4.95, the next day, the opposite party No.1 will execute the sale deed in favour of Rabiul, Asgar and Rejaul Kabir and then the land was accordingly sold;......- and on 3.4.95 opposite party Nos. 2-15 will execute kabala in favour of the opposite party No.1 and then on 4.4.95, the next day, the opposite party No.1 will execute the sale deed in favour of Rabiul, Asgar and Rejaul Kabir and then the land was accordingly sold; then..Category: Property Law | Date: | Hits: 30
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......place on September 1, 1986 averring that the pre-emptor case to know about the transfer on February 15, 1995. It was averred that the transaction although camouflage as exchange but in fact a sale. It was also averred in support of the claim of Pre-emption that prior to February 15, 1995, w....... The pre-emptor went on appeal and the appellate Court set aside the judgment and order of the trial court on the finding that the document by which the transaction has been made is not in fact a deed of exchange but a sale deed, that the Miscellaneous Case is not barred by limitation, tha..Category: Property Law | Date: | Hits: 20
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
....perty are not entitled to get any relief in the suit but the trial Court as well as the revisional Court committed error of law in decreeing the suit and shifting the onus of the proper execution and registration of the impugned deed upon the defendant and the same is liable to be set......No. 1 purchased the suit land, on query the defendant No. 1 replied that the plaintiff No. 1 and the predecessor of the plaintiff Nos. 2-4 sold the suit land by executing and registering a deed of sale in favour of him. But no such document was executed by the plaintiff No.1 and the father of th......te Judge, 4th Court, Dhaka decreeing the suit. 2. The respondents as plaintiffs instituted the Title Suit No.9 of 1991 in the Court of Subordinate Judge, 4m Court, Dhaka, for cancellation of deed and recovery of khas possession. 3. The case in short is that in last settlement s..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......hereupon got his name mutated in the revenue record and paid rent, that the defendant failed to establish his contention that the decree in Title Suit No. 198 of 1970 was obtained against the deed persons. The trial Court also found possession of the plaintiff in the land in suit and thereu..Category: Property Law | Date: | Hits: 34
G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)
.... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ......ge, Jessore against the accused respondent, Md. Amjad Hossain Lablu and two other accused, Md. Anwar Hossain and Ratan Kundu, alleging, inter alia, that on 6.2.2001 a tender was invited for auction-sale of Monirampur Pourashava Bazar vide Memo No. Moni/Paura/Hat Bazar/4-24/2000-2001 dated 6.2.2001...... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......e construction work for the said Masjid, Madrasa and Etimkhana was nearly complete the defendant-respondent and defendant No.2 claimed that they were the owners of the suit property by virtue of a deed of exchange and started disturbing the construction work and also threatened with dispossessio..Category: Property Law | Date: | Hits: 43
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