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Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
..... The petitioners being plaintiffs instituted the aforesaid Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the opposite parts as defendants for a declaration of and recovery of khas possession with respect to 05 decimals of land of the suit land as mentioned in the......oners being plaintiffs instituted the aforesaid Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the opposite parts as defendants for a declaration of and recovery of khas possession with respect to 05 decimals of land of the suit land as mentioned in the schedule of...... being plaintiffs instituted the aforesaid Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the opposite parts as defendants for a declaration of and recovery of khas possession with respect to 05 decimals of land of the suit land as mentioned in the schedule of the ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......bdul Jalil, during the war of liberation the said owner along with his family members took shelter in the Murapara camp under Dhaka district and taking advantage of their absence some miscreants took possession of the suit property illegally and got it declared as an abandoned property; further the ..Category: Property Law | Date: | Hits: 107
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......ure of the auction-purchase would depend largely on the determination of this question on the basis of evidence on record. It was also stated in the main petition that the petitioner was all along in possession of the said land and she produced rent receipt to show her ownerÂship in respect of the ..Category: Property Law | Date: | Hits: 106
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ...... appellants who were defendant Nos. 22, 21, 20, 16 and 14 respecÂtively for declaration of their title in the land in suit on the basis of lease, settlement and purchase in which they asserted their possession and they got their names mutated in respect of the said land. The suit was contested by t..Category: Property Law | Date: | Hits: 109
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ...... plot to O.P. No.1 without the knowledge of the petitioners and collusively executed and registered the kabala on 17.6.72. The opposite party No.1 is a stranger-purchaser. The case land was under the possession of one Abdul Gani, a cultivator under opposite party No.2, and since Abdul Gani was in po..Category: Property Law | Date: | Hits: 100
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....property i.e. land and the residential building standing thereon and ultimately obtained an ex parte decree but the defendants did not vacate the suit property and hence he filed the instant suit for recovery of khas possession. 4. Defendant Nos.2, 3 and 4 contested the suit by filing separate w......eal from Original Decree No.138 of 1990 affirming those dated 31.5.1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No.124 of 1987. 3. The suit was for a decree only for khas possession of the suit land together with two storied building standing thereon stating, inter ......rom Original Decree No.138 of 1990 affirming those dated 31.5.1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No.124 of 1987. 3. The suit was for a decree only for khas possession of the suit land together with two storied building standing thereon stating, inter alia,..Category: Property Law | Date: | Hits: 111
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......21.11.83 and got it registered at the Laxmipur Sub-Registry Office on 26.2.84. According to the PlainÂtiff, he was not aware of the contents of the deed and he did not execute any Ewaz deed; that no possession of his land was given to the defendants pursuant to the Ewaz deed and that the Ewaz deed ..Category: Property Law | Date: | Hits: 136
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....in Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assistant J......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......t No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Nasirn..Category: Property Law | Date: | Hits: 121
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......laintiff became the Shurashi who got the property as life of her husband for her as reversionous and the plaintiffs have been possessing the suit plot No.871 as residential home and they have been in possession of the suit plot No.877 as cultivation land and the defendant opposite parties have no po..Category: Property Law | Date: | Hits: 83
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ...... brothers in presence of some respected village people on the same date and promÂised that he would register sale deed as soon as the balance sum would be paid and from that period plaintiffs are in possession of the suit land by cultiÂvating the suit land; that the plaintiffs paid Taka 10,000 on ..Category: Property Law | Date: | Hits: 90
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......y be stated as follows: The plaintiffs‑petitioners filed the aforesaid suit for declaration of plaintiff's title to the suit land, described in the schedule to the plaint and for confirmation of possession thereof, together with permanent injunction restraining the defendants from interfering i..Category: Property Law | Date: | Hits: 85
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....ssion of the same but his such claim had not been proved. As the defendant has also been possessing the suit land so the instant suit for simple declaration is not maintainable without the prayer for recovery of khas possession. One of the important criteria of a benami transaction, that is possessi...... same but his such claim had not been proved. As the defendant has also been possessing the suit land so the instant suit for simple declaration is not maintainable without the prayer for recovery of khas possession. One of the important criteria of a benami transaction, that is possession, is found......, yet in weighing the probabilities and for gathering the relevant indicia, the courts are usually guided by these circumstances, (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any for giving the transaction a bena..Category: Property Law | Date: | Hits: 103
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ...... respectively but Nazar Ali and his heirs, present opposites opposite parties No.5‑10, created collusive and fraudulent sale deeds in favour of opposite party Nos.1 and 2 but they have no title and possession in the suit. Hence, the suit. 3. The defendant opposite parties No.1 and 2 contested t..Category: Property Law | Date: | Hits: 114
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ar rent from the Rural Electrification Board which was their tenant. Thereafter, the petitioners filed Title Suit No. 81 of 1986 in the First Court of Munsif, Dhaka for declaration of their title and recovery of possession but during the pendency of the suit the Government listed the said property a......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288....... the Rural Electrification Board which was their tenant. Thereafter, the petitioners filed Title Suit No. 81 of 1986 in the First Court of Munsif, Dhaka for declaration of their title and recovery of possession but during the pendency of the suit the Government listed the said property as abandoned ..Category: Property Law | Date: | Hits: 90
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......efaulter in payment of rent of the suit property. The defendant contested the suit by filing a written statement contending that in 1960 he paid Tk. 500.00 to one Julfu Miah and from him he took over possession of the suit property and thereafter he had made construction over there and his homeopath..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......d a parcel of land by way of a deed of lease which was duly executed and registered on 14.2.1962 and 27.2.1962 respectively between the then Govt. of East Pakistan and the petitioner. Thereafter, the possession was duly delivered in favour of the petitioner and the entire consideration money of the ..Category: Property Law | Date: | Hits: 90
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....ructing his house thereon. But said MA Nasir failed to repay the said loan. Accordingly, House Building Finance Corporation filed Miscellaneous Case No.88 of 1976 under Article 27 of PO 7 of 1973 for recovery of Taka 59,653.00 and obtained an ex parte decree. In execution of the said decree the prop......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......plaintiff-appellant for a consideration of Taka 34,62,500.00. The plaintiff-appellant was thereafter given a sale certificate. The defendants-respondents resisted the plaintiff-appellant to take over possession of the property by filing a petition in the said Money Execution Case No. 7 of 1978 befor..Category: Property Law | Date: | Hits: 144
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
...... by which the government authorised East Pakistan Small Industries Corporation to run the business of the said firm. It has been further stated that Hardeo Glass, Aluminium and Silicate Works were in possession of the said land as Non-agricultural Tenant and carried on business of the said Industria..
Category: Property Law | Date: | Hits: 85
....ecreeing the suit.
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit in the Court of the Assistant Judge, Madargonj praying for recovery of the suit land measuring 5 decimals under section 9 of the Specific Relief Act. The plain......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271....... the present suit.
3. The defendants contested the suit by filing written statements denying the material allegations of the plaint and contended, inter alia, that the plaintiffs have no title and possession in any portion of the suit land. It was further contended on behalf of the contesting def..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
.... varendha of the two-storied building with Iron grills and also Taka 5,000.00 for gas connection to the property of schedule ‘A’. The case of defendant No.1 is that the defendants are entitled to recovery of Taka 71,000.00 and Taka 74,000.00 for the improvement made in the property of schedule â......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ...... Schedule ‘A’ in favour of his two sons, namely, plaintiff Manjurur Rahman and defendant No.1 Dr. Naimur Rahman under the deed of gift dated 29-10-57 and the donees were accordingly inducted into possession of the property. The case of plaintiff in respect of land of Schedule ‘B’ measuring o..Category: Property Law | Date: | Hits: 109
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