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Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ...... are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaintiffs, or plaintiffs on the basis of this decree cannot evict the defendants whose possession have been found by the learned judge………………………(16) If a decree is no..Category: Property Law | Date: | Hits: 80
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... 46 of the State Acquisition and Tenancy Act, all rent-receiving interest stood acquired and the tenants of any such rent-receivers became "Malik" directly under the Government and all non-retainable khas land vested in the Government.
53. In the case of Bangladesh Vs. Sree Sree Madan Gopai Jew, ......ease being No. 5797 dated 9-7-52 to one Rahim Dad Khan. Same date Radha Sham Banik also transferred the rent receiving interest to Rahim Dad Khan by another registered deed being 5798 and handed over possession of the land to him, Annexure C and C1.
5. After the wholesale acquisition under sectio..
Category: Property Law | Date: | Hits: 120
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ...... law in decreeing the suit without taking into consideration the vital fact that all the joint properties have not been brought into the common hotchpotch and that the defendant had already gone into possession of purchased land on the basis of a Salishnama. It has been further argued by the learned..Category: Property Law | Date: | Hits: 132
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....ly, the facts of the case, are that the defendant-opposite parties as plaintiffs instituted Title Suit No.134 of 1992 in the Court of Assistant Judge, Faridganj, Chandpur for declaration of title and recovery of khas possession contending, inter alia, that one Ananda Charan Kuri was the owner of "Ka......s of the case, are that the defendant-opposite parties as plaintiffs instituted Title Suit No.134 of 1992 in the Court of Assistant Judge, Faridganj, Chandpur for declaration of title and recovery of khas possession contending, inter alia, that one Ananda Charan Kuri was the owner of "Ka" schedule p......the case, are that the defendant-opposite parties as plaintiffs instituted Title Suit No.134 of 1992 in the Court of Assistant Judge, Faridganj, Chandpur for declaration of title and recovery of khas possession contending, inter alia, that one Ananda Charan Kuri was the owner of "Ka" schedule proper..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......und that the plaintiffs were in possession of the suit land. The Court of appeal below correctly reversed the finding of the trial Court that the suit land vested in the Government as non-retainable 'khas' land. Appellate Court also found that the Government failed to prove by any document that the ......the name of the government during the last revisional survey has got no basis since the suit land was already correctly recorded in the name of the predecessor of the plaintiffs and they have been in possession of the suit land. Even if the plaintiffs failed to prove their title, which is in fact wr..
Category: Property Law | Date: | Hits: 100
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......died leaving two sons plaintiff Nos.1 and 2, and one daughter, defendant No.7; that other defendants are purchasers and that the suit land being ejmali, plaintiff, having felt inconvenience in ejmali possession, requested the defendants to make amicable partition but they did not pay heed to it. Hen..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ...... owner however appeared in this Writ Petition also and filed affidavit‑in‑opposition and contended that the property has been illegally enlisted as abandoned property and she and her sons were in possession and never left Bangladesh nor acquired citizenship of any other country and she sold the ..Category: Property Law | Date: | Hits: 107
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are 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: 16 BLC (HCD) (2011) 144. ...... No.14 of 1998 dismissing the suit are 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: 16 BLC (HCD) (2011) 144. ......he suit land from the daughters of Asiruddin Mallik vide two registered kabala deeds dated 13-1-87 and 1-4-87 and became for owner and possessor the same, that the defendants have no right, title and possession in the suit land but the SA record was published mistakenly in the name of some defendant..Category: Property Law | Date: | Hits: 100
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....d grow. Her age and maturity at the time of her husband's death do not go with the case of the appellant that the youthful widow was extremely dedicated to her husband and did everything possible for recovery of her ailing husband. It is also unusual for a girl of 12 years that she had plunged into ......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......randson of the brother of Lalit Kumar and happens to be the nearest heir of the last full owner, i.e., Lalit Kumar. His interest is expectant upon the death of Kumudini Shill, the limited heir now in possession. 3. After the death of Lalit Kumar Shill the plaintiff, Amulya and Kumudini jointly so..Category: Property Law | Date: | Hits: 107
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....riefly stated, the facts for disposal of the this Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 1974 against the defendant opposite party Nos. 1‑4 for a declaration of title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 2......d, the facts for disposal of the this Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 1974 against the defendant opposite party Nos. 1‑4 for a declaration of title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 27‑8‑76 a......e facts for disposal of the this Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 1974 against the defendant opposite party Nos. 1‑4 for a declaration of title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 27‑8‑76 and th..Category: Property Law | Date: | Hits: 77
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......-sharer to the case jote and as such the petitioners presence are necessary for an affective adjudication of the partition suit. 6. Since the petitioners claiming their Subsisting right, title and possession in the suit land by showing two registered deeds dated 03.06.68 and 13.06.81 and therefor..Category: Property Law | Date: | Hits: 96
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......deration of Taka 22,000.00 and a Bainapatra was executed on 02.4.1979 upon which the said seller Raja Kha obtained baina money of Taka 17,000.00 out of the consideration money and handed over the possession of the suit property to the plaintiff since the plaintiff was a sitting tenant in the sui..Category: Property Law | Date: | Hits: 119
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
....fixed Court‑fee under article 17(V‑A) of the Schedule II of the Court‑fees Act if the plaintiff alleges that he is in possession of the suit property. When a suit is filed for partition and for recovery of possession by the plaintiff alleging that he is out of possession then he is to pay ad v...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......on initially on payment of fixed Court‑fee and subsequently on payment of ad valorem Court‑fee on 26‑11‑77 in course of hearing argument of the suit in the Court. Plaintiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the..Category: Property Law | Date: | Hits: 97
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
...., confirmation of possession and permanent injunction, in respect of the suit land comprising 3.46 decimals of land as described in the schedule of the plaint and in the alternative with a prayer for recovery of khas possession of the suit‑land if the plaintiff was found out of possession of the s......on of possession and permanent injunction, in respect of the suit land comprising 3.46 decimals of land as described in the schedule of the plaint and in the alternative with a prayer for recovery of khas possession of the suit‑land if the plaintiff was found out of possession of the suit land. Th......arail, originally praying for a permanent injunction against the defendants 1‑4. Subsequently on the prayer of the plaintiff, the suit was amended as one for a declaration of title, confirmation of possession and permanent injunction, in respect of the suit land comprising 3.46 decimals of land as..Category: Property Law | Date: | Hits: 113
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....oners Vs. Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dis......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ...... Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession f..Category: Property Law | Date: | Hits: 106
.... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
...... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
......intiff appellants submits that the trial Court has failed to consider that the plaintiff appellants by adducing evidences successfully proved that the heirs of C.S. recorded tenants transferred the possession and title of plaintiff Nos.2-6 Amina Begum purchased the same and according to partition ..
Category: Property Law | Date: | Hits: 105
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....receipt thereafter even when the suit was filed in 1995; the plaintiff did not produce any paper to show that the plaintiff was in possession, of the suit land any time before as such the question of recovery of possession does not arise, the suit is not maintainable. 7. This appeal appeared in t...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......settlement of the suit land and plaintiff, Chandra Kanta Mondal, took settlement of 15.73 acres of land on 3rd Boishakh, 1354 and gave kabuliyat on 7th Ashar, 1354 B.S. and since then plaintiff is in possession. Last S. A. Khatian was prepared wrongly in the name of Malik. Land lords instituted Re..Category: Property Law | Date: | Hits: 134
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....has been exhausted and have no right to file pre-emption miscellaneous case. But from this annexure X, I find that on the same day an agreement was executed by said Shamsuddin Ahmed under taking to recovery the said purchased land of Kabala No.9770 to the said vendor within four years of the date ...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......pre-emption Miscellaneous Case for getting pre-emption order of 20 decimals of land at Plot No.951 along with order for getting back Taka 9000 out of Taka 30,000 and also for order of confirmation of possession of the aforesaid case land. 4. That the instant petitioners as opposite party Nos.1-3 ..Category: Property Law | Date: | Hits: 138
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......uishment of a known right, or such conduct as warrants an inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession of any right, whether conferred by law or by contract, with full knowledge of the materia..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......y be granted of the contents of the lost "Will' if genuine execution of the lost 'Will' can be established properly by evidence. 12. Next section 239 of the Act provides that when the 'Will' is in possession of a person residing outside of the state, probate of the 'Will' may be granted for limit..Category: Property Law | Date: | Hits: 113
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