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In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......t, was that the transferees sold the suit land for a consideration of Taka 4,500.00 to the defendants by registered saf Kabala deeds dated 21st Baishakh, 1382 BS corresponding to 5.5.75 and delivered khas possession of the suit land to the defendant petitioners. On the same date a deed of agreement ......s that the transferees sold the suit land for a consideration of Taka 4,500.00 to the defendants by registered saf Kabala deeds dated 21st Baishakh, 1382 BS corresponding to 5.5.75 and delivered khas possession of the suit land to the defendant petitioners. On the same date a deed of agreement was t..
Category: Property Law | Date: | Hits: 78
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......laintiff, instituted Title Suit No.254 of 1983 in the Third Court of Munsif, Jessore, impleading the petitioner and opposite party Nos.11-16 as defendants for declaration of title and confirmation of possession in respect of 0.82 acres of land described in the schedule of the plaint. On transfer the..Category: Property Law | Date: | Hits: 98
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......it land was devolved on his only son Gopal Chandra. Gopal Chandra subsequently got his name mutated by CO (Rev) Wazirpur under Mutation Case No.20 of 1974‑75 vide order dated 29‑10‑74. While in possession of the suit land Gopal Chandra sold the same to the plaintiff‑petitioner by a registere..Category: Property Law | Date: | Hits: 84
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....he High Court Division in Appeal from Original Decree No.68 of 1996 dismissing the same. 2. The petitioner as plaintiff filed Money Suit No.3 of 1992 in the Court of Subordinate Judge, Kushtia for recovery of taka 1,47,95,986, being the value of land described in schedule-'Ka' to the plaint, the ......land to different persons. The plaintiff did not spend taka 3, 33,805.58 towards the development of the cattle market and the Government did not acknowledge the said amount. 'Ka' schedule land is the khas land of the Government and therefore, the plaintiff was not entitled to any compensation or val......agement of the cattle market in favour of the Union Parishad 'Hat Committee', he was not entitled to the entire toll amount without seeking declaration of title to the cattle market and recovery of possession; in view of the admission of the plaintiff that he had already handed over the management..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......the lower appellate Court rightly and legally on consideration of evidence negatived the plea of motive. Now let us consider whether the lower appellate Court erred in law in arriving at a finding on possession of the disputed land and the conduct of the parties in dealing with it. The question rega..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....Chittagong in Title Appeal No.24 of 1970 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq wa......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......n Title Appeal No.24 of 1970 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq was the origin..Category: Property Law | Date: | Hits: 103
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....e defendants 4 to 7 to consider as to the correctness of the decision of the Courts below in the facts and circumstances of the case. 5. The suit was for a declaration of the tenancy right and for recovery of possession in respect of the suit premises and for compensation for costs of goods and f......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......t was decided that the arrear rents could be paid by the tenants in three instalments. The plaintiff paid the arrear rent to the Pourashava on 2.5.73. Thereafter the defendant No.4 pressed for vacant possession. So far is admitted. 3. The plaintiff alleged that the Pourashava sent Police force o..Category: Property Law | Date: | Hits: 99
....tian No.18 was sold in auction for arrears of rent and the pre-emptors were not co-sharers in the said Khatian. H.E. Percival was a recorded tenant in respect of Khatian Nos. 14, 18, 20 and 24 and of recovery of a huge arrear of rent in respect of those Khatians Certificate Case Nos. 408, 109, 411, ......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......and 121 when the said holding was sold for arrears of rent under the Public Demands Recovery Act. Possession was delivered to the appellant on 11-2-74 and since then he was exercising various acts of possession. In the pre-emption proceeding the pre-emption challenged validity of the amalgamation of..
Category: Property Law | Date: | Hits: 128
.... by equality clause under Articles 27 and 31 of our Constitution. He submits that thereby classification has been made by this Ordinance. He further submits that the Government may institute suit for recovery of abandoned property if those were not included in the list. He next submits that equals a....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......4 of the Ordinance No.54 of 1985 submits that it has been stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or building. This power of issuing this type of notice in any f..
Category: Property Law | Date: | Hits: 150
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......ea that it was wrongly vested as abandoned property - whereupon the government divested the said property, executed a registered sale Deed in her favour on 21-6-1980, and accordingly restored her possession. The said Lady, thereafter, executed an Agreement for Sale on 10-8-1985 through her const..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......ration of the record of rights under section 17(3) or of the compensation assessment roll under section 31(1) had been given and it placed a complete embargo only on the subletting of any land in the khas possession of any rent-receiver within the area or areas specified in the notification and subl......t and proper." 2. The plaint case, in short, is that the plaintiff instituted title suit No.111 of 1989 in the Court of Assistant Judge, Sripur, Magura for declaration of title and confirmation of possession. It is stated in the plaint that Lalit Mohan Chakrabarty was an owner of 1.13 acres of la..Category: Property Law | Date: | Hits: 123
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......utory right of pre-emption. In his written objection to the pre-emption application it was claimed by the pre-emptee that the transfer by Abdul Bari Khan to his nephew was not followed by delivery of possessions of the land nor the consideration was paid, whereupon the vendor filed Title Suit No.3..Category: Property Law | Date: | Hits: 77
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......Section 115 of the Code of Civil Procedure before the High Court Division but it was summarily rejected on the ground that the move taken by the appellant was for delaying the proceedings as he is in possession of the properties. 3. Against this order leave was granted to examine the contention r..Category: Property Law | Date: | Hits: 78
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
.... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......ial Court but on appeal the prayer was rejected by the Court of appeal below and on revision the learned Single Judge has without reversing the finding of the first appellate Court on the question of possession granted, temporary injunction and directed early disposal of the suit and this order is..Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....Munsif Tangail in Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-appellants in the alternative for partit......il in Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-appellants in the alternative for partition of sched...... Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-appellants in the alternative for partition of schedule-2..Category: Property Law | Date: | Hits: 79
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......f also learned that one Devendra Kumar Chokroborti by kabala dated 18-1-1977 had sold the self same land in respect of schedule land to defendant No. 1 but Devendra Kumar Chokroborti had no title and possession in the suit land. During the period of MRR survey Devendra Kumar Chokroborti was a Peon o..Category: Property Law | Date: | Hits: 88
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......No.2 contested the pre-emption case by filing separate written objection. Their material case was that the transfer in question was actually an exchange and both the parties to that exchange deed got possession of their respective exchanged land and as such the pre-emption case was not maintainable ..Category: Property Law | Date: | Hits: 93
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......ad been possessing the suit land for more than 90 years. That though the plaintiff thus acquired good title in this suit land by virtue of adverse possession the suit land was wrongly recorded in the khas khatian of the government and taking advantage of this wrong recording of the suit land the def...... short, are as follows:- One Hajee Abdul Majid filed Other Class Suit No.113 of 1995 against the Deputy Commissioner, Mymensingh and some other persons for declaration of title and confirmation of possession in 2.85 acres of land out of total 35.35 acres of land of C.S. Plot No.102 of C.S. Khatia..Category: Property Law | Date: | Hits: 68
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....hich are subsisting on the date of promulgations of President’s Order No. 88 of 1972 are hit by section 95A including the transaction entered into by way of an out and out sale with an agreement to recovery, made whether before or after the promulgation of President’s Order No. 88 of 1972; and (......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......der Ali died leaving behind opposite party Nos. 1-5 as his legal heirs and successors. Before expiry of the stipulated time, the plaintiff offered them money on several occasions and asked to restore possession of the suit land, but they refused. Opposite party Nos. 1-5 realised a sum of total Taka ..Category: Property Law | Date: | Hits: 87
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ons of the plaint and contending, inter alia, that Manjury Mohini Saha was the original owner of the suit land and was not a benamdar of her husband. She purchased the suit land on auction and was in possession thereof. She herself paid rents against the suit land. She transferred 91 decimals of lan..Category: Property Law | Date: | Hits: 66
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