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Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......itioners. Syed Amirul Islam, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No. 11. Not represented- Respondent Nos.1-10 & 12-38. Civil Petition for Leave to Appeal No. 605 of 2005. (From the judgment and order dated 09.08.2004 passed by......being indebted to Jogeshwar Prodhan he created a kabala in the name of Abdul Khaleque (defendant No.1), Abdul Haque, predecessor of the defendant Nos. 2 to 12 without taking any consideration money and that Abdul Karim Hajra died leaving behind the plaintiff and ..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....s were with a condition for re-conveyance and that they repaid the entire consideration money and got back possession of the suit land but the defendant is to discharge this onus which has not been claimed. 6. The High Court Division on consideration of the evidence on record held tha......rul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 199 of 2006. (From the judgment and order dated the 23rd March, 2005......0.48 acres of land of Plot No.350 at a consideration of TK.400.00 by a registered deed of agreement dated 04.07.1968 with a condition to recovery within 7 years and if the entire consideration money is repaid and Bachcha Mia refunded the said amount of money to the said Nur Mohammad Khan on ..Category: Property Law | Date: | Hits: 19
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....ners' kabala lands and the land of schedule-1(Ka) i.e. P. S. Plot No. 1246. That the plaintiffs were the defendant Nos.1 and 2 in that suit and these plaintiffs filed written statement in that suit claiming the land of R. S. Plot No.1246 and other lands as well the partition suit was at hea...... Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate- on-Record- For Respondent No. 13. Not represented- Respondent Nos. 1-12 and 14-25. Civil Petition for Leave to Appeal No.133 of 2006 (From the judgment and order dated the 20th November, 200......spondents impleading them as defendants praying for a decree declaring plaintiffs' right, title and interest in the schedule-1(ka) of the suit land and that plaintiffs are entitled to get money in L.A. Case No. 13 8/67-68 stating, inter alia, that the lands comprising 57 chhataks in P...Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
....2000 in the Court of Assistant Judge, Balaganj praying for recovery of possession of the suit land after evicting the defendant No.1 from the said suit land under Section 9 of the Specific Relief Act claiming that the defendant No. 2 being the original owner by inheritance on 15.02.1988 by registe......volved: A.J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 601 of 2005 (From the judgment and order dated the 22nd March, 2005 passe......nd Ruyeza Bibi; that Akramullah during his life time made wakf of 0.04 acres of land in suit plot and on 09.07.1973 Abid Ali and Ershadullah sold 0.12 acres of land to Kamrunnessa Khatun as her dower money of Kabinnama while she married Ershad Ali; that Kamrunnessa and heirs of 2 daughters of Akramu..Category: Property Law | Date: | Hits: 42
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ...... Lawyers Involved: Md. Momtazuddin Fakir, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petition for Leave to Appeal No. 853 of 2004 (From the Judgment and Order dated April 5, 2004 passed ...... agreement for sale and delivered possession. It was the stipulation in the agreement for sale that within one year from the date of agreement plaintiff on payment of rest of the consideration money would obtain the kabala from the defendant No.1 that subsequent to the contract defendant No..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....that defendant Nos.1-3 acquired interest to the extent of 1.86 acres of land, that the property described in the schedule 'Kha' was the self acquired property of Bachha Mia, that defendant No. 1 is claiming the said land of 'gha' schedule on the basis of the deed of gift as described in the sched...... Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respondents Judgment August 14, 2006. Civil Petition for Leave to Appeal No. 1059 of 2004. (From the Judgment and Order dated February 25, 2004 p...... No.5 who deposed in the suit stated that LTIs of the executants were obtained by the defendant No.1 representing that the said LTIs are being obtained for making application for withdrawal of money from the bank. Defendant No.1 who deposed as DW 1 admitted that the donors were illiterate an..Category: Property Law | Date: | Hits: 37
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ent then planted many valuable forest trees therein and in order to convert the suit land as Reserve Forest appointed the Collector, Dhaka, as Forest Settlement Officer with direction to admit any claim or objection filed within 90 days from the date of the above notification in respect of the l......45 DLR (AD) 112; 2002 BLD (AD) 42. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record - For the Petitioners. Not Represented - The Respondents Civil Petition for Leave to Appeal No. 1131 of 2004. (From the judgment and order dated 3-3-2004 passed by ......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ..Category: Property Law | Date: | Hits: 31
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ession on 15-9-1985 has been disproved by documentary evidence, that defendant No.1 in obtaining the ex parte decree in Title Suit No. 291 of 1985 did not implead the person in possession, i.e. the claimant of the property, on the basis of the deed dated 25-7-1981 and 16-10-1988 and, as such, the...... Ahmed sold the property so obtained by lease to Mrs. Anowara Begum (plaintiff's vendor) on July 25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration mo......25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day als..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....o 2(two) plots: one is 7/1, the other is 7/2 possessed by the plaintiff-respondents and SA Plot No. 7612 prima facie shows that it contained 200 ajutangsha of land but the plaintiff-respondents claimed the entire 200 ajutangsha land and that the High Court Division did not consider mater......Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(i), 3, 4, 6 and 8. Not Represented—Respondent Nos. 1(b)-1(h), 2, 5, 7 and 9. Civil Petition for Leave to Appeal No. 1054 of 2005. (From the judgment and order dated 6-3-2005 passed by the H...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....were possessing the mortgaged land, that in the first part of Magh, 1395 BS plaintiffs requested the defendant Nos. 1-4 to return the land but the defendants refused to do so, that to frustrate the claim of the plaintiffs defendant No. 9 in collusion with the defendant No. 12 created deed of exch......ed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-Respondent Nos.7-68. Civil Petition for Leave to Appeal No. 397 of 2005. (From the judgment and Order dated May 12, 2004 passed ......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)
....got the record of right prepared in his name in respect of 8 annas share on the basis of SA record, that on the basis of the record of right, particularly on the basis of RS record, defendants raised claim in respect of the land taken settlement by Firoz Bhuiyan and that in that state of the matter ......taining the copy of the SA and RS record came to know about the preparation of the said records in respect of the land in suit wrongly in the name of the defendant Nos.1-9 predecessor. Hence the suit for declaration of title simpliciter. 3. The suit was contested by the defendant Nos.1-9 by filin......4 BS, possessed the land and the SA record was prepared in his name, as such, he cannot be considered "intruder. The learned Counsel continues that Abu Sufian with, the consent of Firoz Bhuiyan spent money; and built huts in the land in suit and lived there and thereafter defendants are living and t..Category: Property Law | Date: | Hits: 33
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
.... 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. ...... Judgment August 22, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 709 of 2005. (From the Judgment and Order dated April 26, 2005 passe....... allowed the prayer for pre-emption sought under the Muslim law. The appellate Court upon allowing the appeal sent back the suit to the trial Court for enabling the plaintiff to deposit the kabala money and further to enable the parties to lead evidence and thereupon for disposal of the suit. As..Category: Property Law | Date: | Hits: 25
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....er lands as reserve forest which is under active consideration of the Government. This clearly shows that no final decision was taken in the matter. So, the Defendant-Government cannot claim the land. It may be stated here that in our judgment sought to be reviewed, it was clearly s...... Civil Appeal No. 81 of 1999 allowing the appeal. 2. Short facts are that the plaintiff filed Title 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 int......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)
.... pre-emptor case to know about the transfer on February 15, 1995. It was averred that the transaction although camouflage as exchange but in fact a sale. It was also averred in support of the claim of Pre-emption that prior to February 15, 1995, while the pre-emptor obtained the certified ......dents Judgment October 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1084 of 2005. (From the Judgment and Order dated March 27, 2005 pass......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
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
....d by the plaintiffs and the people of the nearby villages for long time and the courts below further found that the defendant No.5 petitioner failed to produce any evidence in support of their claim that the suit pathway was acquired of B.A.D.C. 6. We are of the view that the High Co......p; Not represented-the Respondents. Civil Petition for Leave to Appeal No. 620 of 2004. (From the judgment and order dated 15th July, 2002 pass...... 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)
....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. ......3, 2007. Lawyers Involved: Md. Abdul Hoque, Advocate instructed by Mahmuda Begum, Advocate-on-record-For the Petitioner. None represented-the Respondents. Civil Petition for Leave to Appeal No. 165 of 2005. (From the judgment and order 06.12.2004 passed by the H...... and conditions and the plaintiff has been possessing the same by cultivating the schedule-2 land and the plaintiff in the meantime has developed certain portion of low land after spending his own money and made it fit for cultivation though the part of the leased out land was not fully agr..Category: Property Law | Date: | Hits: 25
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
.... was set aside. The trial Court by 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 Divisi......ondent Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1284 of 2004. (From the Judgment and Order dated January 17, 2004 pa......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
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... 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. ...... the Petitioners. Mahbubey Alam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-20. Not Represented - Respondent No. 21. Civil Petition for Leave to Appeal No. 950 of 2005. (From the judgment and decree dated the 4th July, 2005 ......on Circle, Dhaka vide Mutation Case No.9761 of 1987. The suit land was not nal and the defendant converted the same as a homestead one and excavated a pond thereon at a cost of huge amount of money and developed the same. The contesting defendants are the heirs of original defendant No..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....eath certificate of Sreenath Chatterjee and the record of the Requisition Case No. 55 of 1959. 8. In the petition for review it was stated that the plaintiff of Title Suit No. 634 of 1970 is claiming the property on the basis of the decree obtained in Title Suit No. 198 of 1970, which was...... 2. The Appeal was filed against the judgment and order dated June 29, 1982 of the 1st Court of Additional District Judge, Bakerganj in Miscellaneous Case No. 5 of 1980 allowing the same. The aforesaid miscellaneous case was registered upon an application filed under Order 47 Rule 1 of ......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
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
.... common sense, justice, equity and good conscience but then equity will not come to the aid of the litigant who is not vigilant. That is the position here. The indolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with ......cial leave is directed against the judgment and order of the High Court Division in Civil Revision No. 1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 2......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ..Category: Property Law | Date: | Hits: 23
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