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Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......eir names. They were the owners of the suit land measuring 5.26 acres of CS plot No. 1356 and 1357 appertaining to CS khatian No. 62. After the death of Safarunnesa, Ayeb Ali was the owner and was in possession of 1.971/2 acre, of land Amsory Bibi and Jobirar Nessa were the owners in possession of 1..Category: Property Law | Date: | Hits: 71
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......r of dismissal the appellant has not taken any step. On 19.08.2004 writ-respondent No.6 wrote a letter to writ-respondent No.5 seeking direction in respect of execution of lease deed and handing over possession of the allotted land to the writ-petitioner. Since handing over of possession of the allo..Category: Property Law | Date: | Hits: 79
....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
...... Mouza Madhayam Halishahar, PS Double Mooring, Chittagong was acquired by the government for development of the Chittagong Port by the Gazette notification No.13543 dated 11th November, 1954 and that possession was made over to the requiring body Port Railway authority, that after bifurcation of Por..
Category: Property Law | Date: | Hits: 103
....on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......uly served upon the petitioners’ father Abul Hossain, full brother of the vendor, and he was fully aware of the disputed sale. It was further contended that following the purchase he duly went into possession of the case land within the full view and knowledge of Abul Hossain and his sons, the pre..
Category: Property Law | Date: | Hits: 78
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......m and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further case is that while he has been in rightful possession of the suit property the same has been correctly recorded in his name in the finally publ..
Category: Property Law | Date: | Hits: 111
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......, the pro-forma respondent No. 2, as the Managing Trustee of the above trust; then Dr. Ashequr Rahman, with the consent of Jebonnessa, used to possess the said land as a co-sharer and he is still his possession of the same and his name has been recorded in last SA Khatian No.1090 and thereby he beca..Category: Property Law | Date: | Hits: 76
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....ded in law in reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 of 1963 of the 3rd Court of Mu......n reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 of 1963 of the 3rd Court of Munsif, Comill......ersing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 of 1963 of the 3rd Court of Munsif, Comilla. Th..Category: Property Law | Date: | Hits: 58
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....ants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative and for recovery of possession of the suit land. During the pendency of the suit the original plaintiff Abdu......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......(Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative and for recovery of possession of the suit land. During the pendency of the suit the original plaintiff Abdul Gani died ..Category: Property Law | Date: | Hits: 67
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
.... dismissing the suit brought by the appellants for declaration of their title and for confirmation of possession in some portion of the land in suit, described in Schedule 'A' to the plaint and for recovery of possession of the remaining land as described in Schedule 'B' to the plaint. 2. The a......d in favour of the plaintiffs on the basis of the said settlement. The relevant findings of the High Court Division in substance are that the newly formed lands, as described in Schedule A, being the khas lands of defendants No.2 to 4, the Government did not acquire any title to the said lands befor......Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appellants for declaration of their title and for confirmation of possession in some portion of the land in suit, described in Schedule 'A' to the plaint and for reco..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......r that the said provision is applicable only to the land which has been added to the land of a raiyat or any other tenant and it is not attracted to the case of the land which has been added to the khas land of a proprietor or a tenure-holder. If, for the applicability of the aforesaid provision t......0 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenants and for confirmation of their possession in the said lands as well as for a permanent injunction restraining the defendants from i..Category: Property Law | Date: | Hits: 133
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66....... in respect of the suit property in favour of the predecessor of plaintiff on certain terms and conditions was executed in bainapatra dated 19-3-1990 and thereafter, defendant No.1 delivered physical possession of the suit plot to the plaintiffs. Defendant No.1 wrote a letter to the Managing Directo..Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......instrument to the Bangladesh Freedom Fighters' Welfare Trust as abandoned property. Once the property assumed the abandoned character under President's Order 16 of 1972 and having been in control and possession of the Government it cannot reassume the non-abandoned character after it had been transf..
Category: Property Law | Date: | Hits: 173
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... result, the Rule is discharged. The 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: ......ccessors. The plaintiff got the suit land in his share by an amicable settlement between the said heirs of late Taiyb Laskar. During S. A. and R. S. operation, the suit land was wrongly recorded as a khash land in the name of Government. The Government-officials took initiative to lease out the suit......aid Dewan Nasrat Reza Waqf Estate represented by its Manager Fazlur Rahim Chowdhury. An employee of the Waqf Estate named Abasi Kumar Chakravartee was the scribe of the said pattan. While in peaceful possession and enjoyment of the land, Taiyb Laskar died leaving behind the plaintiff and defendant N..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......als of land in favour of his (plaintiff’s) wife on receipt of proportionate consideration money. Later on, he sold the remaining five decimals to defendant No.4, who after so purchase, was enjoying possession of the same by constructing a structure thereon. The plaintiff instituted the suit with a..Category: Property Law | Date: | Hits: 99
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......) before the Upazila Magistrate, Bahubal, Habiganj on 2.11.1986 against opposite party No.1 Jira Miah stating, inter alia, that the opposite party along with his brothers were trying to take forcible possession of the case land (as described in the 1st and 2nd schedules of the miscellaneous case). H..Category: Property Law | Date: | Hits: 53
..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......g the plaint in Title Suit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and from transferring it to any other person.
2. Plaintiffs’ ca..
Category: Property Law | Date: | Hits: 78
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....eing a protected interest, it could not be annulled at the instance of the auction purchaser of the touzi in revenue sale. 2. The plaintiff brought the suit for declaration of his title to and recovery of khas possession in the suit land by evicting the defendants on the basis of his purchase......cted interest, it could not be annulled at the instance of the auction purchaser of the touzi in revenue sale. 2. The plaintiff brought the suit for declaration of his title to and recovery of khas possession in the suit land by evicting the defendants on the basis of his purchase of Touzi No......t property in occupancy right which is protected or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by evicting the defendant on the basis of his auction purchase of the touzi revenue sale ..Category: Property Law | Date: | Hits: 58
....r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......by the side of the Railway Track, from the Bangladesh Railway and was granted license on 28.10.1980 in respect of .91 acre of land for the period 14.04.1980 to 13.04.1981. Upon paying the dues he got possession of the land. Thereafter, the license was renewed from time to time. But subsequently, the..
Category: Property Law | Date: | Hits: 69
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......ur of Sree Krishnapur hat committee and the defendant is possessing remaining 2.66 acres of land; that the original owner of the land died in the year 1972-73 and the plaintiff has no right title and possession but he filed this suit with created documents and as such the suit is liable to be dismis..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......tbar to the extent of 8 annas share and Khemari Mongi and Chamakhi Mongi to the extent of 2 and 6 annas shares respectively. The Revenue Officer by an order dated 3-4-1953 made 17.79 acres of land as khas out of the share belonging to Lamio Matbar in Miscellaneous Case No.9 of 1952 under section 20 ......ement that the suit land is the khas land of the Government which settled 13.03 acres of land to these defendants who are landless cultivators and on the contrary the plaintiffs have no title to, and possession in, the suit land. Defendant Nos.25 to 28 also filed a separate written statement but ult..Category: Property Law | Date: | Hits: 67
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