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Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....Ordinance, the relevant parts of which are as follows: “18. (1) Notwithstanding anything conÂtained in the Transfer of Property Act, 1882, or the Contract Act, 1872 no orÂder or decree for the recovery of posseÂssion of any premises shall be made as long as the tenant pays rent to the full e......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......on this score has been curtailed. 7. Section 18(1) says that notwithstandÂing anything contained in the Transfer of Property Act, 1882 or the Contract Act, 1872 no order or decree for recovery of possession of any premises shall be made so long as the tenant pays rent to the full extent alloÂwa..Category: Property Law | Date: | Hits: 87
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....stituted a suit in the 3rd Court of the Subordinate Judge, Dhaka being Title Suit No.374 of 1984, which was subsequently re-numbered as Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along w......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......e 3rd Court of the Subordinate Judge, Dhaka being Title Suit No.374 of 1984, which was subsequently re-numbered as Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along with other lands origi..Category: Property Law | Date: | Hits: 66
.... 1967.
2. The opposite party No.1 Md. Afsaruddin (now dead) as plaintiff filed Title Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit land which is an ...... The opposite party No.1 Md. Afsaruddin (now dead) as plaintiff filed Title Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit land which is an undivided dw......opposite party No.1 Md. Afsaruddin (now dead) as plaintiff filed Title Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit land which is an undivided dwellin..
Category: Property Law | Date: | Hits: 63
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......and constructed a multistory building thereon. Subsequently, defenÂdant No.1 orally gifted the 5th floor out of the 'Ka' schedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant No.1 a..Category: Property Law | Date: | Hits: 81
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
..... 135 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-Âinterest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, which was fully described in th......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......7, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-Âinterest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, which was fully described in the schedule t..Category: Property Law | Date: | Hits: 85
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appelÂlate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appelÂlate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......of the defendants Nos.1 to 4, was a monthly tenant under him at a rental of Tk. 8/-per month. Abul Miah defaulted in payment of the rent. On his death his heirs, the deÂfendant Nos.1-4, continued in possession of the suit premises but they also not only defaulted in payment of rents from the month ..Category: Property Law | Date: | Hits: 66
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134....... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......h he was constrained to file the aforesaid suit.
4. The defendant No.1 has contested the suit by filing a written statement stating, inter alia, that said Pulin Behari and others while in peaceful possession of the suit land left for India before 1965 and they have been living there as permanent ..
Category: Property Law | Date: | Hits: 56
....r disposal of the Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title Suit No.136 of 1998 in the Court of Subordinate Judge, 2nd Court, Sylhet for declaration of title and recovery of khas possession and also for declaration that the judgment and decree dated 15.6.1998 pa......f the Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title Suit No.136 of 1998 in the Court of Subordinate Judge, 2nd Court, Sylhet for declaration of title and recovery of khas possession and also for declaration that the judgment and decree dated 15.6.1998 passed in Titl...... Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title Suit No.136 of 1998 in the Court of Subordinate Judge, 2nd Court, Sylhet for declaration of title and recovery of khas possession and also for declaration that the judgment and decree dated 15.6.1998 passed in Title Sui..
Category: Property Law | Date: | Hits: 64
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......plaint on the view that the suit was barred under sections 43/44 of the Ordinance. 4. Mr. Subrata Chowdhury, the learned advocate for the appellant, submits that the plaintiff society was owner in possession of the suit land. The suit land was acquired and an award was made in the names of defend..Category: Property Law | Date: | Hits: 61
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106....... by pattan. But it is evident from the written statement of the defendant No.30 (Annexure-A) that he had not given specific, not even by necessary implication denial of plaintiffs' case of pattan and possession of the suit lands and material allegations of the facts in the plaint which is mandatory ..Category: Property Law | Date: | Hits: 50
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......6‑5‑92 the suit was instituted for specific performance of a contract. It is averred in the plaint that one Giasuddin Ahmed, a former joint secretary of the Government of Bangladesh, was owner in possession of the suit property. The property is fully described in the schedule to the plaint. He e..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....ide alienation or for possession already become hopelessly barred by limitation. The plaintiffs therefore, consciously and deliberately did not seek any such relief of setting aside the alienation or recovery of possession. 33. In the circumstances, when the plaintiffs did not or could not seek a......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......it for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of about 6.10 acres. The plaint case, in short, is that one Paban Mondal was the original owner in possession of the suit land. Without a son, he died leaving three daughters, namely, Boro Panchi ali..Category: Property Law | Date: | Hits: 64
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
.... of sale is fraudulent and colÂlusive. 7. The learned Subordinate Judge, on consideraÂtion of the evidence and the materials on record, deÂclared the plaintiffs title and allowed the prayer for recovery of khash possession. Being aggrieved, the contesting delfts. Preferred T.A. No.24 of 1972. ......cts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovÂery of khas possession by removing all obstrucÂtions such as tin-shed house, fencing etc. and for mesne pr......f case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovÂery of khas possession by removing all obstrucÂtions such as tin-shed house, fencing etc. and for mesne profits..Category: Property Law | Date: | Hits: 66
....tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
......o. 390 of Mouza Shahar Dhaka in 1951 to the extent of 66 acres and in 1955 to the extent of .6 acres by registered sale deeds and since then she had been enjoying and performing acts of ownership and possession by residing in the house, paying rents and taxes to the Government and other local author..
Category: Property Law | Date: | Hits: 171
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
.... a petition for leave to appeal in respect of the judgment and order dated 02.07.2009, passed by the High Court Division in Civil Revision No.1553 of 1997, in decreeing the suit for declaraÂtion and recovery of Khas possession. 2. The facts leading to the filing of this petition are that the res......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......eave to appeal in respect of the judgment and order dated 02.07.2009, passed by the High Court Division in Civil Revision No.1553 of 1997, in decreeing the suit for declaraÂtion and recovery of Khas possession. 2. The facts leading to the filing of this petition are that the respondents herein f..Category: Property Law | Date: | Hits: 49
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....of paper book is disÂpensed with as prayed for. The order of status quo granted earÂlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......of paper book is disÂpensed with as prayed for. The order of status quo granted earÂlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......ase, in brief, are that the petitioners instituted a suit being Title Suit No.90. of 1978, before the Court of Munsif, Nawabganj, praying for a decree for permanent injunction, on being threatened dispossession by the defendants. The defendant Nos.1 to 4 contested the suit by filing a written statem..Category: Property Law | Date: | Hits: 51
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......€‘09‑96 and 03‑09‑96 vide deed Nos. 8882 and 8984 of the case land fully described in the schedules to the plaint. 3. Case of the preemptors, in short, was that one Tabarakullah was owner in possession in 2.10 acres of land to the extent of 14 annas interest while his mother Ayesha Khatun w..Category: Property Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......er the transfer of the suit land and the house the plaintiff went to his new homestead in the District of Noakhali. The defendant recorded his name in the DD Khatian No. 1176 and paid rents and is in possession of the suit land. 5. The Trial Court by judgment and decree dated 18‑07‑88 decreed..Category: Property Law | Date: | Hits: 80
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ot maintainable in law within the meaning of proviso to section 42 of the Specific Relief Act, inasmuch as the defendants being in possession of the suit land the plaintiffs were required to pray for recovery of khas possession along with the prayer for declaration of title, the Courts below committ......ble in law within the meaning of proviso to section 42 of the Specific Relief Act, inasmuch as the defendants being in possession of the suit land the plaintiffs were required to pray for recovery of khas possession along with the prayer for declaration of title, the Courts below committed no error ......res of land in the suit khatian from her husband as life estate holder and the she transferred 1.51 acres of land to defendant Nos. 1 and 2 by registered deed of gift dated 13‑12‑88 and delivered possession thereof to them. The said defendants have been in peaceful possession of the suit land, t..Category: Property Law | Date: | Hits: 65
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......m for a period of 99 years and transferring to him by hire purchase the house built thereon on payment of the cost of the house; that Md. Zahoor having paid the cost and the entire consideration, the possession of the suit property was handed over to him on 29.1.63; while thus in possession he enter..
Category: Property Law | Date: | Hits: 81
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