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Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
....e respondent‑opposite party as plaintiff through his attorney, one Shafiqui Haque Chowdhury, instituted Title Suit No.205 of 1985 in the Court of Munsif, Sadar Sylhet for declaration of title and recovery of possession of the suit land on the basis of settlement, from the Maharaja of Tripura nam...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ......‑opposite party as plaintiff through his attorney, one Shafiqui Haque Chowdhury, instituted Title Suit No.205 of 1985 in the Court of Munsif, Sadar Sylhet for declaration of title and recovery of possession of the suit land on the basis of settlement, from the Maharaja of Tripura namely, Kirit B..Category: Property Law | Date: | Hits: 157
....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545.......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545.......njunction and as a result the learned Assistant Judge, Naria, by his order dated 9.9.87 made the ad‑interim injunction dated 30.3.87 absolute restraining the defendants from disturbing the peaceful possession of the plaintiffs in the suit land. Thereafter, the defendants filed application and pray..
Category: Property Law | Date: | Hits: 123
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....7 of Collector's map as accretion to her land by purchase from Satish Chandra Bhadra. Defendant No.2 therefore prays for declaration of his title over the land accreted to touzi Nos.1144 and 120, for recovery of possession which are now in possession of the receiver appointed by the Collector and fo......a in Mouza Tetultala within PS Batiaghata in the District of Khulna, as depicted in the sketch‑map attached to the letter of reference, which had been shown as blocks 1‑5 and 6‑7 as prepared by khas Mahals Surveyor and the chars comprising of 129.22 acres of cultivable land were being claimed ......ar land in accordance with the provision of section 3 of the aforesaid Act and had appointed District Manager as receiver for management of the said land. The lands were still under attachment and in possession of the receiver. As the Collector thought that rival claims of title and possession of th..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......Judgment Nurul Huque Bhuiyan J. - This appeal arises out of a suit for establishment of title in respect of one 3rd share of the suit property and for petition of the suit property for getting possession in one 3rd share thereof and is directed against the judgment and decree of the learned S..Category: Property Law | Date: | Hits: 111
....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:...... and the said auction was purchased by Bashir Uddin and Ishak Miah vide Certificate Case No.24303 of 1958 and the auction took place on 02.06.1964; that after purchase Bashir Uddin and Ishak Miah got possession therein but the S.A. record was wrongly recorded in the name of Champa Debi; that the cer..
Category: Property Law | Date: | Hits: 181
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479....... Housing Settlement Authority for getting lease of the suit property and that was recommended by the concerned Ministry but ultimately failed to get any allotment. It is their case that they are in possession in the suit land and, as such, they have got the preferential right to get the plot's fro..
Category: Property Law | Date: | Hits: 118
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
.... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ......h 4, 2001. Result: The Rule is made absolute. Since the Court of Settlement has found that the case property cannot be enlisted as abandoned property, the petitioner is entitled to get back possession of the property. The Government is not permitted to treat the property as abandoned prope..Category: Property Law | Date: | Hits: 106
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......e pre-emption namely the case barred by limitation, the appellate Court below arrived at a finding to the effect which reads as under: "It is also an admitted fact that the case land was under the possession of the opposite party Nos. 1-3 on lease from before and as such it was obvious that the s..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....d in favour of the petitioner with the condition that order of pre‑empted land would revert back to the pre-emptee in case the latter gets a decree in the regular title suit declaring his title and recovery of possession of the case land denouncing the petitioner's title and possession from the pr......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517....... other land auction sold were within the knowledge of the petitioner and for non taking of any steps for annulling the said auction the purchase right of the petitioner including the right, title and possession of the degree-holder party has been extinguished and, as such, the petitioner has no subs..Category: Property Law | Date: | Hits: 132
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......Appeal No. 323 of 1969 reversing the Judgment and decree passed by Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the..Category: Property Law | Date: | Hits: 122
....it, that the defendant had dispossessed him therefrom and that the suit was brought within six months from the date of dispossession. Accordingly he decreed the suit on contest with costs directing recovery of possession of the suit land by evicting the defendants and demolishing the structures ra......gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......ion 9 of the Specific Relief Act.
2. One Gopal Chandra Dey, predecessor of the opposite parties sued the petitioners for a decree under section 9 of the Specific Relief Act alleging that he was in possession of the disputed land bat the defendants forcibly dispossessed him therefrom in the last..
Category: Property Law | Date: | Hits: 119
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......i however sold only 3.15 acres of the Khatian land out of 5.80 acres to late Syed Ashraf Ali, father of the respondent No.4. The balance 2.65 acres of ancestral homestead continued to remain in the possession of the petitioners and their predecessors. The predecessors of the petitioners obtained..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......ere carrying on business by setting up shops illegally without any valid permission. The Division Bench held that the question of encroachment arises only in circumstances when someone is in lawful possession of a particular premises but makes an unlawful extension thereof on municipal property. I..Category: Property Law | Date: | Hits: 145
....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
...... in the year 1953 BS (1947 AD). The SA record was prepared in the name of Ram Chandra Paul. By an agreement dated 5.5.69 this Ram Chandra Paul sold his property to the present plaintiff and delivered possession of the suit property to the plaintiff on receipt of an earnest money amounting to Taka 50..
Category: Property Law | Date: | Hits: 134
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......leged by the plaintiff, that the defendant 16, Government tried to settle the suit land to different persons in collusion with the defendants 1-15, although it is admitted that the plaintiffs were in possession of the suit land. Hence the plaintiff filed Other Class Suit 50 of 1986 for declaration, ..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426....... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......uld not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an are..Category: Property Law | Date: | Hits: 156
....sfer of immovable property, which is the case before us.
9. Mr. Farooqui has further referred to the case of Sobharadri Vs. Parthasarathi reported in AIR 1932 Madras 583 where a suit was filed for recovery of compensation for fraudulent representation of the defendant at the time of the contract.......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......ecution and registration of the sale deed by the defendant after obtaining income tax clearance certificate and other necessary papers. It is further stated in the plaint that the defendant delivered possession of the suit property in favour of the plaintiff on receipt of a further amount of Taka 5,..
Category: Property Law | Date: | Hits: 120
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......d his vendor. The plaintiff’s case was that he purchased 26 sataks of land described in the schedule to the plaint from the defendant Kamaluddin by registered kabala dated 22.3.72 and has been in possession thereof since then and he also mutated his name in the recent settlement record and has b..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......xecuted on 1.11.67 and registered on 3.11.67. The said Hebanama was not executed and registered in normal way. There was neither any offer or acceptance of the Heba nor it was followed by delivery of possession. So there was no valid Heba. The said Hebanama is also hit by the Doctrine of 'Marzul Mau..Category: Property Law | Date: | Hits: 152
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ....../81/82 dated 7.2.85 (Annexure CC) should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release and restore the possession of the leasehold plot No.151, Motijheel Commercial Area, Dhaka measuring 7 kathas and 8..Category: Property Law | Date: | Hits: 115
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