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Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....d tenant Hridoy Krishna Majhi settled 20.82 acres of land to Sheikh Badan and others and handed over possession and from Sheikh Badan the defendants' predecessors Gunai Pramanik and 12 others took settlement on February 17,1923 and that by the kabuliyat of the same date also settled 11.05 a......ration of title, confirmation of possession and for declaration that the record of right prepared in the name of the defendants is illegal and fraudulent. The suit relates to 69 acres of land described in the schedule attached to the plaint. Plaintiffs filed the suit stating, inter ali..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......o. 106 of 1972 praying for declaration of title, confirmation of possession and for perpetual injunction with alternative prayer for recovery of possession stating, inter alia, that the suit land, which belonged to Ramjan Sheikh in occupancy right, was auction purchased by Alep Hawlader in..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......of Senior Assistant Judge, Nasirnagar, Brahmanbaria in Title Suit No. 38 of 1993 dismissing the Title Suit No. 4 of 1991 same. The suit was filed seeking declaration of title in respect of the land of first schedule and for recovery of khas possession in respect of the land of second sc..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......ng the same. 2. The leave petitioner filed the Title Suit No. 44 of 1985 before the Assistant Judge, Pangsa, Rajbari, seeking for a decree of specific performance of contract for sale of the land measuring,an area of 1.22 acres stating, inter alia, that the respondent (defendant No. 1) pro..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......ale in certificate case No. 615 BK of 1981-82 is fraudulent and void. The appellate Court upon allowing the appeal decreed the suit and thereupon directed the defendant Nos. 1-3 to vacate the land in suit within 30 days failing which plaintiff would be entitled to take delivery of poss..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....larly clause 14 of the Waqfnama. No doubt this waqfnama exhibits the features of a family arrangement, but on that consideration only the waqfnama could not be declared invalid, inasmuch as, family settlement by way of Wakf Validating Act. The waqfnama whole should have been considered. On readi......re were certain property which were left out of the waqfnama but those were also recorded in the R.S. Khatian as waqf property in accordance with the wish of the wakif. For dealing with the excess land a miscellaneous case being Miscellaneous Case No. 10 of 1952 was started by the Revenue O..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
.... land was sold in auction and the landlord parched it and also took delivery of possession. There after the landlord possessed the land in khas through the defendant as bargadar who subsequently took settlement of the said land from the landlord in 1355 B.S. Since then he has been in possession. The......f the High Court Division passed in Second Appeal No. 665 of 1968 on August 3, 1979. 2. The predecessor of respondent Nos. 1 to 7 instituted O.C. Suit No. 61 of 1965 for declaration that the suit land appertained to his original C.S. khatian No. 27 and that the property recorded in the new Khati..Category: Property Law | Date: | Hits: 37
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......Malekun Bibi; Bibijan Bewa died leaving behind brothers' sons Moyen Mondal, Jabbar Mondal and Rahimuddin. Malekun by a registered deed of heba-bil-ewaz deed dated 5.2.1982,transferred 6.32 acres of land to her brother's sons, the pre-emptee petitioners, and on the same date the pre-emptee petitio..Category: Property Law | Date: | Hits: 34
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....Bank issued a final demand notice to the defendants for repayment of the Bank loan; that on receipt of the said notice of demand the defendants filed an application on 24-03-1997 praying for amicable settlement and by which the defendants deposited Tk.15, 00,000/-to the plaintiff-Bank and thereafter......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ..Category: Banking Law | Date: | Hits: 85
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ....... 324 were Lalkha, Isha Kha, Ali Kha, Zion Kha, Mia Kha and Guda Kha; that the schedule property devolved upon Isha Kha, which is stated in Khatian No. 324 that Isha Kha transferred 52 decimals of land from northern side on 03-11-1915 during C.S. operation to Sheikh Falu and Tilumuddin that Shei..Category: Property Law | Date: | Hits: 33
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
.... the balance amount of salami with interests on 26.10.1987. But the Additional Deputy Commissioner (Revenue) without considering the facts and circumstances by order dated 20.02.1989 cancelled the settlement and hence was the suit. 3. The defendant Nos.1 and 6 and 4 and 5 contested the su......ing the rule absolute. 2. The respondent Nos.1 to 3 as plaintiffs instituted Title Suit No. 7 of 1989 in the Court of Subordinate Judge, Shariatpur for declaration of their title in the suit land and for a declaration that the order dated 20.02.1989 passed by the Additional Deputy Commiss..Category: Property Law | Date: | Hits: 25
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......o. 922 of 2006 allowing the prayer of respondent No. 11 adding her as respondent in the writ petition and also directing the respondent No. 3 not to disturb the writ petitioner's possession in the land as mentioned in the petition till expiry of his lease period. 2. Short facts are that t..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......002 passed by a Division Bench of the High Court Division in Writ Petition 2382 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner was the owner of 1.33% acres of land of C.S. Plot Nos. 1081 and 1082 of C.S. Khatian No.14 and an area of 1.06 acres of C.S. Plot N..Category: Property Law | Date: | Hits: 26
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......it No.3 of 1984 in the Court of the learned Munsif ( now Assistant Judge), Nazirpur Upazila, Pirojpur against the defendants-respondents for declaration of title in respect of several plots of land including R.S. Plot No.712 measuring 0.86 acres being homestead land on the current; that the..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
.....409 of Mouza Rajarampur, that Jairuddin surrendered his korfa tenancy by a 'Istafanama' in 1335 B. S. in favour of Kuran Mondal, that Kuran Mondal died leaving son Tarash Haider (Mondol) and made settlement of 10 decimals of land out of 15 decimals of land of plot No. 837 to Jitu Mondal by......sistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff, in short, is that the land in suit, which is hom..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....r title in the suit land on the averments that the suit land originally belonged Moharaja Jogodipendra Narayan Bhup Bahadur and Abdul Hafez Ahmed Talukder, their uncle, in the year 1351 B.S., took settlement of the same at a rental of Taka 14.50 and since then Abdul Hafiz Ahmed Talukder possesse......istant Judge, Fulbari, in Other Suit No.37 of 1986 decreeing the suit. 2. The appellants, as plaintiffs, filed the above Other Suit No. 37 of 1986 for declaration of their title in the suit land on the averments that the suit land originally belonged Moharaja Jogodipendra Narayan Bhup Bah..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....o legal force as the period of kabuliyat expired. 5. As it appears the High Court Division made the rule absolute holding that there is no dispute as to the fact that the suit land was taken settlement by the father of the plaintiffs from the original landlord upon execution of a registere......r Suit No. 459 of 1987 decreeing the suit. 3. The respondents 1 and 2 filled (filed) the above suit on the averments that Bimalendu Roy, Tarini Prasad and two others took pattan of the suit land and C.S. Record was prepared in their names and subsequently Tarini Prasad and the two others ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....on of his possession in schedule-1 land measuring 76 decimals upon declaration of his title therein and also for a decree for permanent injunction on the averments that the plaintiff by taking settlement from the landlord was in possession of the suit land for long time by developing it, pl......instituted the above Other Suit No.110 of 1982 for declaration that the registered Deed of Sale being No. 5666 dated 13.12.1956 alleged to have been executed and registered by him in respect of the land described in schedule 1 (ka) of the plaint is forged, void and not binding upon him and also ..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......cts, leading to this petition, are that the plaintiff-respondent instituted Other Class Suit No. 109 of 1985 praying for permanent injunction restraining the defendants from entering into the suit land or from dispossessing him from the suit land in the Court of Assistant Judge, Ghatail, Tangail..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......93 of the 2nd Court of Additional Senior Assistant Judge, Sadar, Chittagong in Other Case No. 155 of 1990 dismissing the same. 2. The suit was filed seeking separate saham of 34 decimals of land on partition of 1.14 acres of land. The appellate Court upon allowing the appeal passed a decr..Category: Property Law | Date: | Hits: 24
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