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Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......king Sirajganj a model town by improving its ecological environment. In that regard, steps have already been taken to require illegal occupants to vacate lands in CS Plot No.3600 and to hand over the possession of the occupied lands to the respondents. It is in this context that the impugned notice ..Category: Property Law | Date: | Hits: 113
....nstituted Title Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaintiff alleged that the first schedule land appertaining......tle Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaintiff alleged that the first schedule land appertaining to Dag No. ......uit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaintiff alleged that the first schedule land appertaining to Dag No. 5557 ..
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......dant in his rented house at Nisindara orally gifted her the suit property in presence of her father in lieu of balance dower and money given by her for construction of the building and also delivered possession of the same to her. Since then she had been living there on payment of municipal taxes, r..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....stant Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the Assistant Judge, Fulpur, Mym...... Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the Assistant Judge, Fulpur, Mymensingh bein......ur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the Assistant Judge, Fulpur, Mymensingh being the..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......on, in short, are that the case khatian land 1.10 acres in area belonged to opposite party Nos. 2 and 4 and another Tala Bux Biswas in equal interest. Each of them had thus 0.36¼ acre of land in his possession. Subsequently, Tala Bux Biswas died leaving heirs in opposite party Nos. 2 and 3. It was ..Category: Property Law | Date: | Hits: 79
....996.
2. The respondent No.1, as plaintiff, instituted Other Suit No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration of title and recovery of possession of the suit land described in the schedule to the plaint.
3. The case of...... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......ial court held that the defendant No.2 is a co-sharer in the suit land and the plaintiff failed to prove cause of action for partition against the said defendant No.2 as defendant No.2 is in specific possession of the suit land and that there is no dispute with respect to the share of the defendant ..
Category: Property Law | Date: | Hits: 49
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......the owners and in this way he has acquired a good title in the said land by way of adverse possession; recently he learnt that 8 decimals of land by the north-western side of plot No.923 has become a khas land of the Government following which he duly applied for lease of the said land to the approp......nd knowledge of its owners, the defendant and all others in assertion of hostile title, denying the title of the owners and in this way he has acquired a good title in the said land by way of adverse possession; recently he learnt that 8 decimals of land by the north-western side of plot No.923 has ..Category: Property Law | Date: | Hits: 62
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......ntiff’s ‘Kha’ schedule land out of ‘Ka’ schedule land as described in the plaint for alleged development of Farajikandi Complex of defendant No.2 and that defendant No.2 may not go into the possession of the suit‑land and/or break any door or window of the house of the plaintiffs situate..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......edule 'Ka' of the plaint cannot be treated to be separate property simply because in the exchange deed it stands in the name of defendant petitioner. 14. Admittedly plaintiff opposite party was in possession of ‘Ka’ schedule property but defendant petitioner contended that he was in possessio..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
....990 in the Court of learned Senior Assistant Judge, Brahmanbaria Sadar, Brahmanbaria praying for declaration of their title in the suit property described in the schedule to the plaint and also for recovery of khas possession of the same. Plaintiff's case, in short, was that the suit land belong......ourt of learned Senior Assistant Judge, Brahmanbaria Sadar, Brahmanbaria praying for declaration of their title in the suit property described in the schedule to the plaint and also for recovery of khas possession of the same. Plaintiff's case, in short, was that the suit land belonged to Chakla......been possessing the same by constructing his dwelling hut thereon and also by planting various trees and rearing fishes in the pond within the suit land. Subsequently the plaintiff No.1 handed over possession of the suit land to his son, the plaintiff No.2 and since then the plaintiff No.2 had bee..Category: Property Law | Date: | Hits: 58
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ...... the said tenants possessed the suit land and thereafter they died leaving the “plaintiffs as their heirs. Plaintiffs” further case is that on 1-11-86 defendants threatened the plaintiffs with dispossession from the suit land and hence they filed Title Suit No.78 of 1986 and defendants filed a w..Category: Property Law | Date: | Hits: 51
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....urt, Madaripur in Title Suit No. 3 of 2005 thereby dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declaration of title and recovery of khas possession in respect of the suit land, that is, .08 acre of land out of .28 acre o......ur in Title Suit No. 3 of 2005 thereby dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declaration of title and recovery of khas possession in respect of the suit land, that is, .08 acre of land out of .28 acre of land of th...... Title Suit No. 3 of 2005 thereby dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declaration of title and recovery of khas possession in respect of the suit land, that is, .08 acre of land out of .28 acre of land of the sui..Category: Property Law | Date: | Hits: 70
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......belonged to Alokeshi Bewa and her name was correctly recorded in the C.S. Khatian. Alokeshi Bewa died leaving behind her brother-in-law's son Surendra Mohan Sarkar. While Surendra Mohan Sarkar was in possession of the said land as the rightful owner he sold 27 decimals of land from plot No.1054 to S..Category: Property Law | Date: | Hits: 68
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......al shares. Mohendra Lal Das got 1.36 acres in his share who transferred .80 acre in favour of his wife Josoda Kumari by kabala dated 13th November, 1928. Josoda Kumari while enjoying right, title and possession died leaving the plaintiff as only son to inherit her property. As the plaintiff was stay..Category: Property Law | Date: | Hits: 74
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......eclaration that RS record was wrong and also for partition contending, inter alia, that the suit land belonged to Rashu Pramanik and others. Aditya Pramanik was the tenant under them. Aditya being in possession died leaving behind five sons named Lalit, Mahesh, Krishna, Purna and Gadadhar. CS Khatia..Category: Property Law | Date: | Hits: 66
....fs instituted Title Suit No.75 of 1984 in the Court of Senior Assistant Judge, Barisal for declaration of title to the suit land. Subsequently by amendment of the plaint the plaintiffs prayed for recovery of khas possession. In the suit the predecessor of the petitioners and respondent Nos.4 to ......ted Title Suit No.75 of 1984 in the Court of Senior Assistant Judge, Barisal for declaration of title to the suit land. Subsequently by amendment of the plaint the plaintiffs prayed for recovery of khas possession. In the suit the predecessor of the petitioners and respondent Nos.4 to 13 were impl......itle Suit No.75 of 1984 in the Court of Senior Assistant Judge, Barisal for declaration of title to the suit land. Subsequently by amendment of the plaint the plaintiffs prayed for recovery of khas possession. In the suit the predecessor of the petitioners and respondent Nos.4 to 13 were impleaded..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......of TK. 50,000.00 from the plaintiff, and his nephew Dilip Kumar Das transferred 1.60 acres of land including the suit land by executing and registering the kabala dated 04.07.1985. After handing over possession of the transferred land to the plaintiff and Dilip Kumar Das, Narayan Chandra Das left fo..Category: Property Law | Date: | Hits: 62
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....ed the suit. Both the learned Courts below found that defendant No.2 as an illegal and unauthorised occupant in the suit premises and decreed the suit against both the defendants for eviction and for recovery of arrear rents from defendant No.2 by the impugned judgment and decree. 7. Mr. SR Paul,...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... business of Travel Agency till the end of 1988. The defendant No.1 thereafter, transferred his business of Travel Agency to the defendant No.2 with its entire stock in trade, furniture, fittings and possession of the suit premises with the knowledge and consent of the plaintiff No.2 and that defend..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
....t case the judgment passed by this Court requires to be reviewed. IV. Because, admittedly the plaintiffs of the instant suit being not in possession of the suit plot and they having not prayed for recovery of possession, the trial Court as well as the High Court Division is not justified in decre...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......ismissing the leave petition and in the facts of the instant case the judgment passed by this Court requires to be reviewed. IV. Because, admittedly the plaintiffs of the instant suit being not in possession of the suit plot and they having not prayed for recovery of possession, the trial Court a..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......k.1,73,22,000/-. The auction purchaser thereupon paid the entire amount and pursuant thereto, the Adalat issued the sale certificate on 28th October, 2008 and subsequently, he was given delivery of possession of the property. In the mean time, the petitioner instituted Writ Petition No. 5085 of 20..Category: Property Law | Date: | Hits: 81
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