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....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......ollowing issue:-
1) Is the suit maintainable in its present form?
2) Is the suit barred under section 42 of the Specific Relief Act?
3) Whether the defendant No. 1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974?
4) Whether the defendant No. 1 and 2 had..
Category: Property Law | Date: | Hits: 113
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......recorded in C.S. Khatian No.214 of Dhaka city, belonging to Rangubala, the remaining 1/3rd share of which belonged to her co-sharer Akshoy Kumar. As both the owners held and possessed the tenure in khas the tenure has been referred to as an occupancy raiyati although by a decree in a partition sui......cord-of-rights. Section 19 provides that they are to prepare the draft as well as final publication of such records. Section 20 prescribed the quantum of land which can be retained by a person in his possession. Sections 21 and 22 provide that all lands are subject to payment of fair and equitable r..Category: Property Law | Date: | Hits: 85
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......ears from the record, are that the petitioners instituted a suit for perpetual injunction for restraining the opposite parties from dispossessing them from the suit land and disturbing their peaceful possession over the same in any manner. Their case, in brief, is that they are the owners-in-possess..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......it No. 176 of 2002 before the Senior Assistant Judge, Sadar, Sherpur for perpetual injunction restraining the defendant-petitioners from entering into the suit land and from disturbing their peaceful possession therein. Their case, in brief, is that the suit land originally belonged to Sree Ganga Ch..Category: Property Law | Date: | Hits: 84
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
.... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......ter renumbered as Title Suit No.67 of 1999, for declaration of title by purchase over the land described in the second schedule which is within the first schedule land described in the plaint and for khas possession upon removal of all impediments. 3. The plaintiffs' claim is that the land descri......enumbered as Title Suit No.67 of 1999, for declaration of title by purchase over the land described in the second schedule which is within the first schedule land described in the plaint and for khas possession upon removal of all impediments. 3. The plaintiffs' claim is that the land described i..Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......ase No.20 of 1976 by the ADC (Revenue) Sylhet are illegal and without jurisdiction and also for a permanent injunction restraining the defendant-opposite parties from interfering with her peaceful possession in the suit property. 2. The plaintiffs case, in short, is that, except the land cover..Category: Property Law | Date: | Hits: 88
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......s earnest money. It was stipulated that A Sattar Solaiman would execute and register the sale deed in favour of plaintiff Asaduzzaman. It is the case of the plaintiff that A Satter Solaiman delivered possession of the property in his favour on 14-10-1971. A deed of sale having not been executed and ..Category: Property Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......O. No.98 of 1972 Momlik Chowdhury submitted return the suit plot No.561 and the excess land was surrendered in favour of Government and since then the suit land became the property of Government as khash land and the Government leased out the land on yearly basis to Emdadul Huq and Nazubul Islam. ......evenue Officer, on receipt of the report of enquiry, amended the return inserting Plot No.561 in place of Plot No.544. After that, possession was taken over from leasees by beating drum. While in possession of the suit land, Hamida Khatun sold the same to plaintiff Nos.1-5 by registered deed of ..Category: Property Law | Date: | Hits: 93
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ong including the Industrial Unit for a consideration to be paid in serveral instalments, out of which a part had already been paid. In accordance with the said agreement the appellant was put into possession of the assets and the Industrial Unit of Pakistani Company at Chittagong. It appears th..Category: Property Law | Date: | Hits: 79
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......t of the judgment and order of a Division Bench of the High Court passed in Writ Petition No.536 of 1976 on May 25, 1977. 2. Facts of the case are that the appellant-company claim to be owner in possession of the Ramgarh Tea Estate situated at Nalua within P.S. Fatikchari in the District of Chi..Category: Property Law | Date: | Hits: 87
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
...... appearance by filing affidavits-in-opposition and supplementary affidavits in opposition. The claim of the respondents is that the property did not belong to the Waqf Estate and the persons found in possession of the land at the relevant time were duly compensated in accordance with the provision..
Category: Property Law | Date: | Hits: 106
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......2.2003 rescinding the Agreement of Sale dated 4.9.2002 is illegal, void and not binding upon the plaintiff and therefore, the defendant is bound to sale the property to the plaintiff once he receives possession from the government and the Agreement dated 4.9.2002 is still in force. b) Pass a decr..Category: Property Law | Date: | Hits: 85
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......e suit land as Khas land of the Government. It has been alleged that S. A. record in respect of suit land was correctly prepared and R.S. record was also prepared in the name of the Government as per possession. It has been further alleged that the Jaminder or their employee never executed any Amaln..
Category: Property Law | Date: | Hits: 82
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394....... Bhushan his three sons Dinabandhu, Pranbandhu and Krishna Chandra Das i.e. the plaintiff Nos.1, 2 and 3 became the owners of the said 1.40 acres of land of Plot No.605 and the plaintiffs are also in possession of the said land. 3. That Vagaban Chandra Gope transferred .87 acre of land of Plot ..Category: Property Law | Date: | Hits: 72
....d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......application for lease under development scheme granted lease initially for a period of 5 years and the said lease has been concluded by payment of rent upon execution of lease deeds and delivery of possession. The petitioner having successfully completed his lease period applied on 19.06.2006 for ..
Category: Property Law | Date: | Hits: 90
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......ared even then the right, title and interest of the plaintiffs in their shares have not been affected. The plaintiffs did not have knowledge about wrong recording of the khatian and that for peaceful possession of the suit land, they demanded partition but the defendants refused to do so. Hence, the..Category: Property Law | Date: | Hits: 80
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....el High School and others Vs. Obaidur Rahman Chowdhury and others, 31 DLR (AD) 133. In that case in a suit for permanent injunction, at a later stage amendment was sought for declaration of title and recovery of possession. Their Lordships held as under: "It is now well‑settled that the amendme......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......ol and others Vs. Obaidur Rahman Chowdhury and others, 31 DLR (AD) 133. In that case in a suit for permanent injunction, at a later stage amendment was sought for declaration of title and recovery of possession. Their Lordships held as under: "It is now well‑settled that the amendment of the pl..Category: Property Law | Date: | Hits: 151
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
.... a judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The pla......of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The plaintiff's cas......Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The plaintiff's case in ..Category: Property Law | Date: | Hits: 97
....certain provisions they have been referred also as 'undertenants or raiyat'. The next important legislation was the Rent Act (Bengal Act VI of 1862) which was enacted to amend the law relating to the recovery of rent in the Presidency of Fort William in Bengal as contained in Rent Act of 1859. T...... interests of the rent-receivers in respect of non-agricultural land also were to be acquired under the provisions of the said parts of the Act, and the non-agricultural tenants having lands in their khas possession within the meaning of clause (15) of section 2 of the Act would be tenants directly ......''the lessor"* * * of one part
And
Mofazzal Hossain Khandker * * * hereinafter referred to as ''the Tenant" * * * of the other part.
Where the lessor is the 16 annas owner and in exclusive possession of the piece or parcel of land measuring one bigha, more or less fully described in sched..
Category: Property Law | Date: | Hits: 114
....edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......rary injunction in Other Class Suit No. 9 of 2009.
2. Material facts are that the plaintiff instituted the suit for declaration that he is entitled to get an order of extension of lease and retain possession of Daingaon Closed Fishery within Police Station Mithamoin covering an area of 120.12 acr..
Category: Property Law | Date: | Hits: 73
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