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Category: Property Law | Date: | Hits: 116
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......nless earlier redeemed by repayment of the consideration a mortgagor acquires right to redemption on the expiry of the maximum period of seven years, and if the mortgagee does not voluntarily restore possession of the land to the mortgagor, the latter may file a suit for redemption within a period o..Category: Property Law | Date: | Hits: 117
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......owning and possessing his share executed a Heba-bil-Ewaz deed for 0.44 acre of land of Plot No.5 dated 18.06.1974 in favour of Misir All, Mohammad Ali and pre-emptor petitioner Abdul Mannan delivered possession. Tamizudding died leaving behind one son, Vendor opposite party No.2 Nabir Hossain, on..Category: Property Law | Date: | Hits: 88
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......ent settlement is illegal, ineffective and without jurisdiction. 3. The plaintiff-respondent filed the suit in respect of the schedule 'A' of the plaint stating, inter alia, that the suit land was khas land of the Government and the same was leased out to the petitioners by the then Additional De......ent and the same was leased out to the petitioners by the then Additional Deputy Commissioner (Revenue), Rajshahi, permanently on receipt of premium in Naogaon Settlement Case No.2325 of 1968-69. The possession of the suit land was duly handed over to the petitioner and a Kabuliyat was executed and ..Category: Property Law | Date: | Hits: 116
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....for a declaration that a kabulyat dated 17 Chaitra, 1362 B.S. corresponding to 31st March, 1956 executed by Jan Mamud is favour of the plaintiffs in respect of the suit lands is null and void and for recovery of possession of Schedule 'A' out of the suit lands and confirmation of possession in Sched......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......ation that a kabulyat dated 17 Chaitra, 1362 B.S. corresponding to 31st March, 1956 executed by Jan Mamud is favour of the plaintiffs in respect of the suit lands is null and void and for recovery of possession of Schedule 'A' out of the suit lands and confirmation of possession in Schedule 'B' ther..Category: Property Law | Date: | Hits: 146
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......tor No.3 was present at the time of writing the kabala and presentation of the same for registration and that the kabala was entered in the volume on 29.01.1992 and that the pre-emptee having been in possession of the case land from the date of execution on 25.12.1992, the pre-emption application is..Category: Property Law | Date: | Hits: 84
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......te Judge was of the view that. "The plaintiffs are out of possession of the disputed properties and as such this suit for simple partition without prayer for declaration of title and recovery of khas possession of their share and without payment of ad valorem Court fee is riot maintainable." ...... The plaintiffs claimed 2/3rd share in schedule 1 land and 1/3rd share in schedules land of the plaint by way of inheritance from their father Akram Ali. The plaintiffs claimed that they are in joint possession of the suit property by enjoying usufructs. Since the defendants did not respect their ..Category: Property Law | Date: | Hits: 93
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......erty. Wrong recording of present address in RS Khatian and Memo dated 7-7-1997 under section 92(1)(c) of the State Acquisition and Tenancy Act, issued by the defendant No.2, claiming the suit land as khas, has clouded title of the plaintiffs for which the plaintiffs are constrained to institute the ......wdhury got saham in the suit schedule land along with other properties in Partition Suit No.12 of 1938 which was decreed on 13-12-1958 by the learned Sub-Judge, Second Court, Comilla and entered into possession through execution decree dated 21-3-1961 and since then they owned and possessed the land..Category: Property Law | Date: | Hits: 147
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......ment Board within Police Station, Rani Shankail, which was disposed of on 26‑9‑1938 (para 2 of the plaint). In that case said Sukmon Singh and Girish Chandra relinquished their claim of right and possession upon the suit holding including suit land in favour of Darika Nath, father of the plainti..Category: Property Law | Date: | Hits: 123
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......or's village home. In course of cross-examination, he admitted that in 1994, a road towards the western side and a bridge towards the southern side were constructed. He admitted that bharatias are in possession of the shops. He, however, stated that the bharatias came after 28th March but he failed ..Category: Property Law | Date: | Hits: 138
Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....reof to be filled up, as the case may be, by using or causing to be used such force as may be deemed necessary; and the cost thus incurred shall be realised from its owner in the manner laid down for recovery of rim under section 386 of the Code of Criminal Procedure, 1898 (Act V of 1898). (2) If......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ..Category: Property Law | Date: | Hits: 92
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......5‑81 for a period of 20 years at the initial rent of Tk. 1,000.00 per month which is revisable after every five years and also paid a salami of Tk. 1,22,000.00 and the petitioner was put into the possession of the shop on that day. Petitioner started Electronics business under name and style M/s..Category: Property Law | Date: | Hits: 112
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......Mondal and his wife pro forma defendant No.8 Sreemati Rashmoni Dashya purchased the same and possessed the same by mutating their names in the RS Khatian and record of right and they were in peaceful possession therein of for more than 12 years. Thereafter, the said pro forma defendants Nos.7 and 8 ..Category: Property Law | Date: | Hits: 154
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484........9.62 followed by lease deed bearing No.5686 dated 29.3.1962. The holding was delivered to him on 4.11.62. He cleared all dues. The miscreants forcibly ousted the respondent in December 1971 and took possession of the building. The respondent submitted several petitions to various authorities from t..Category: Property Law | Date: | Hits: 158
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ...... including the disputed land and also other land, Before CS operation the CS Plot of CS Khatian No.15 was owned and possessed by one Maizuddin and after a few years the said Maizuddin handed over the possession of the said Khatian to Akbar Bhuiyan. Thereafter, the whole of the CS Khatian Nos.15 and ..Category: Property Law | Date: | Hits: 144
Category: Property Law | Date: | Hits: 160
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519....... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519....... possible as per terms of their bainapatra but the defendant No.1 with ill motive without payment of balance consideration money amounting to Taka 5,00,000 approached various authorities to take over possession of the suit property. He further submits that the trial Court after discussion of evidenc..Category: Property Law | Date: | Hits: 105
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....being a lessee under defendant No.2 in partial possession of the suit premises the plaintiff's suit as framed for declaration is not maintainable without a prayer for consequential relief by way of recovery of possession and that the question of issuance of perpetual injunction against the defenda......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......ati Dhana Kumar Das who transferred the suit property to Prornode Ranjan Paul, Jamini Ranjan Paul and Ramani Kanta Paul, the three brothers, by resigned Kabala in the year 1937 and they had been in possession of the same by erecting pucca building and a C.I. sheet hut thereon. By an amicable parti..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......e aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant No.1 got the suit land from her father by a deed of heba-bil-ewaz dated 15-12‑80 and while in possession she, being in need of cash money, agreed to sell the suit land to the plaintiff at the hi..Category: Property Law | Date: | Hits: 104
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ...... upon his said sons and daughters. Amongst them Asadullah transferred his interest in the suit land to his wife Setara Bhanu by executing a registered kabala dated 23rd Ashar, 1314 BS and handed over possession. Asadullah died leaving behind his wife the plaintiff No.1 Setara Banu and 2(two) sons th..Category: Property Law | Date: | Hits: 97