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Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....ibi became owner and possessor of the suit property and that she died leaving behind the plaintiff and that, all on a sudden, the defendants i.e. the petitioners, started construction in the khas land of the Government and also they tried to encroach upon the vacant space of the plaintiff's prop......e discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......schedule-C of the plaint. 3. The present petitioners contested the suit filing written statement denying material allegation made in the plaint and stated, inter alia, that the suit property is in ejmali possession and that no amicable settlement was held between the parties as alleged in the p..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
.... 2. The petitioners filed the above miscellaneous case challenging the order dated 21-5-1982 passed by the Administrator of Waqfs in Enrolment Case No. 22 of 1978 in enrolling 3.57 acres of land as described in schedule of the above enrolment case as waqf property and also for a declarati......he petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
.... dismissing the same. The suit was filed seeking redemption of an usufructuary mortgage dated 26-12-1927. 2. The suit was filed on September 27, 1989. It was the case of the plaintiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan, Rahmat Khan, Hanif Khan and ...... Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......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. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....e, Monohardi, Narsingdi in Title Suit No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, prepared in the name of defenda......d with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 33
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
...., the preemptor respondent No.1, filed the above Miscellaneous Case No.11 of 1994 under section 96 the State Acquisition and Tenancy Act stating inter alia that she is a co-sharer of the case land by inheritance and her sister Nur Banu, the respondent No. 2/co-sharer, sold the case land to...... ADC (2008) 339 ......ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ..Category: Property Law | Date: | Hits: 22
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
..... 2 to 5 herein filed Other Suit No. 14 of 1986 (previously Other Suit No. 229 of 198) for declaration of title, confirmation of possession and also for permanent injunction in respect of the suit land on the averments that the suit land originally belonged to Monsur Ali, the father of the plain......shy;missed. 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. ..Category: Property Law | Date: | Hits: 27
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
....possession to 14.27 acres out of 21.40 acres appertaining to Plot No. 63 C.S. No.6 of Mouza Gopalpur under RS. Shaymnagar District Satkhira stating, inter alia, that the entire 21.40 acres of land of Plot No. 63, C.S. Khatian No.6 of Mouza Gopalpur PS. Shaymnagar belonged to Brojomohini Das......s 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. ..Category: Property Law | Date: | Hits: 23
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
....;ing of the suit seeking preemption was noticed by the appellate Court, that delay in making the 'talabs' was not considered by the appellate Court, that there was no delivery of possession of the land sought to be preempted and as such the suit filed seeking pre-emption was not maintainabl......dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ..Category: Property Law | Date: | Hits: 25
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....e Suit No. 82 of 1991, who was the defendant in Title Suit No.102 of 1990, was that the deed No. 5649 dated 19.6.1969 on the basis of which plaintiffs of Title Suit No. 102 of 1990 are claiming the land described in the schedule of the plaint of the said suit is fraudulent and ante-dated, that th......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. ..Category: Property Law | Date: | Hits: 21
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... 2. The petitioner filed the above miscellaneous case under section 24 of the Non Agricultural Tenancy Act stating, inter alia, that the case land situated at C.S. Dag No. 1006 was owned by Hanif Faruk Ansari; the S.A. record contained 13 de...... This Case is also Reported in: V ADC (2008) 312. ...... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ..Category: Property Law | Date: | Hits: 30
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....le Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the suit land and from plainting any plaint in the suit land and/or from in any way disturbing possesion of ......ew petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ......wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ..Category: Property Law | Date: | Hits: 31
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....y be mentioned it has been averred by the preemptor that he had initial knowledge about the transfer on January 21, 1995. It is also the case of the pre-emptor that he is a co-sharer of the holding land of which has been transferred by the opposite party No. 2 and that the pre-emptee is a strang...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......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 ..Category: Property Law | Date: | Hits: 20
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....000 in the Court of the learned Assistant Judge, Khulna Sadar, Khulna against the defendants Nos.1-5 for declaration that the order contained in memo dated 18.4.2000 passed by the Ministry of land and the order contained in memo dated 15.5.2000 passed by the Commissioner, Khulna &......C (2008) 304. ......ct decision. 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) 304. ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
....(now Assistant Judge), Additional Court Sylhet in Title Suit No. 93 of 1985 decreeing the suit. 2. The respondents filed the above suit for declaration of their easement right over the land described in the second schedule of the plaintiff and also for permanent injunction restrainin......dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ..Category: Property Law | Date: | Hits: 19
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
..... 47 of 1993 reversing those dated 18.02.1993 by the Subordinate Judge, 2nd Court, Tangail, in Other Class Suit No. 10 of 1992. 2. The relevant facts of the case are that the plaintiff is a landless cultivator and he prayed for settlement of 'B’ schedule land without Salami and rent......ad Ali.........Appellant Vs. Bangladesh and others…….........Respondents Judgment March 13, 2007. Lawyers Involved: Md. Abdul Hoque, Advocate instructed by Mahmuda Begum, Advocate-on-record-For the Petitioner. None represented-the Res......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..Category: Property Law | Date: | Hits: 25
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
.... the aforesaid judgment allowed the prayer for pre-emption sought under section 96 of the State Acquisition and Tenancy Act, 1950. Pre-emption was sought claiming to be a contiguous land owner. It appears from the judgment of the High Court Division sought to be appealed that the ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ..Category: Property Law | Date: | Hits: 23
Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....es therein would be demolished. 4. From the order of the High Court Division it is seen that writ petitioners filed Title Suit No. 186 of 2005 seeking declaration of title in respect of the land in suit and in the said suit had also challenged legality of the notice issued under sect...... This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ..Category: Property Law | Date: | Hits: 29
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
....ssion. 3. The case in short is that in last settlement survey the name of the plaintiff Nos.2-4 and predecessor of plaintiffs have been recorded as the owners and possessors in the suit land and they had been owning and possessing the suit land through Hari Haran Barai as bargadar. Th......s Case is also Reported in: V ADC (2008) 289. ...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ..Category: Property Law | Date: | Hits: 24
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
.... Title Suit No. 27 of 1990 in the Court of the learned Assistant Judge, Dohar, Dhaka for a declaration that the decision of the authorities in renewing his lease in respect of only half of the suit land was void, inoperative and not binding on him and he was entitled to the renewal of the lease i......shy;missed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....s enemy property and he having had came to know about the said fact filed objection on November 5, 1970 and that the defendant No. 2 rejected the said objection and thereupon treating the land in suit vested property threatened the appellants to evict from the land in suit. 4. Th......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. ..Category: Property Law | Date: | Hits: 34
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