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Amulla Kumar Bairagi and others Vs. Chitta Ranjan Biswas and others, 2002, 31 CLC (AD)
....ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ......ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ...... the suit land is totally undemarcated and unspecified in the schedule of the plaint and a court shall not be able to pass an executable decree. It also found that the defendant No.1 respondent is in possession of the suit land and a record of right is also running in his name. 4. The learned adv..Category: Property Law | Date: | Hits: 69
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....is son disappeared with his brother-in-law in 1972 till filing of the suit in 26-5-2004 i.e. for the last 32 years he did not went to the suit plot. Neither he took any step through legal process for recovery of the suit plot and if he be allotted or lessee from RAJUK he ought to inform this fact to......deed of sale in favour of the plaintiff through the Court, should the principal defendant No.1 fail to execute and register the deed of sale in favour of the plaintiff. d) Decree for delivery of khas possession of the suit land in favour of the plaintiff. e) Awarding costs of and incidenta......DIT in favour of defendant No.1 vide allotment letter No. DIT/Gulshan/2409 dated 2-3-1962 and it was registered between DIT and the principal defendant No.1 vide lease deed No.7198 dated 1-8-1962 and possession was handed over to the principal defendant No.1 who duly mutated in respect of the suit l..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....he judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule land of the plaint which is part of the 'A' schedule land...... said suit plot No.313 to plaintiff No.2 Mosammat Rezia Khatoon by sale deed dated 7th, July, 1958 Ext. 2(a) showing the said land as Block 'A' in the Map attached to the said sale deed and made over khas possession of said land to the said purchaser plaintiffs. Thereafter the plaintiffs got their n......and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule land of the plaint which is part of the 'A' schedule land. 2. Resp..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......written statement denying the material allegations made in the plaint and claimed that the plaintiff sold 05 decimals of land for valuable consideration and that the pursuant to the deed he delivered possession of the suit land. The suit is liable to be dismissed. 4. The trial Court dismissed the..Category: Property Law | Date: | Hits: 49
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......47 originally belonged to Zamindar Ayub Ali Chowdhury and the same was recorded in the Khatian No.47 in the name of Raj Chandra as Chakran Tenant. Subsequently the Zamindar took the said lands to his khash Khatian. Kamaruddin, the father of the petitioner and opposite party No.1 took settlement of l......etitioner and opposite party No.1 took settlement of lands of C.S. Plot Nos.398 and 400 of Khatian No.47 and executed Kabulyat on 24th Agrahayan, 1325 B.S. in favour of Zamindar. Kamaruddin while in possession of lands of said 2 plots died leaving 2 sons- Sona Mia and Rangu Mia. Rangu Mia subseque..Category: Property Law | Date: | Hits: 91
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... and would not have waited till such a late stage to apply to the Court to be added as parties. 17. Moreover, if the petitioners are now allowed to be impleaded then the plaintiffs simple suit for recovery of rent and eviction of the defendant‑tenant will be transformed into a complex title sui...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......ent of the premises he served a notice under section 106 of the Transfer of Property Act, terminating the tenancy from July, 1978. The defendant received the notice yet failed to hand over the vacant possession of the suit land. Hence the suit. 4. The defendant opposite party No.2 contested the s..Category: Property Law | Date: | Hits: 50
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....Specific Relief Act. The learned trial Court further held in his judgment that since P.Ws.2 and 3 admitted the possession of the defendant in the suit land the plaintiff ought to have been sought for recovery of khas possession as consequential relief. But the plaintiff instituted a simple suit for ......ief Act. The learned trial Court further held in his judgment that since P.Ws.2 and 3 admitted the possession of the defendant in the suit land the plaintiff ought to have been sought for recovery of khas possession as consequential relief. But the plaintiff instituted a simple suit for declaration ...... on record dismissed the suit holding, amongst others, that the plaintiff No.2 by filing a compromise petition relinquished his claim on the suit land admitting the right, title and interest and possession of the defendant thereon and that possession of the defendant in the suit land has been a..Category: Property Law | Date: | Hits: 94
....per terms of the said agreement. The petitioner further states the as it refused to pay illegal demand the Military Estate Officer started certificate case under Public Demands Recovery Act, 1913 for recovery of the demand which on contest failed on 20.8.87 on the ground that claim was not recoverab......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
...... Ministry of Industry agreed that out of the total lands in occupation of M/s Drums Metal Ltd. 4.65 acres would be taken away and be given to the Bangladesh Air Force and the company would retain its possession of 3.28 acres for running its business. Thereafter, on June 7, 1977 respondent 3 issued a..
Category: Property Law | Date: | Hits: 92
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....or his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from the said land whereupon, Md. Putan filed Title Suit No.142 of 1906 against said Fazal Kabir Khan for recovery of khas possession in the said 14 drones of land out of the suit land on declaration of his......plaintiffs, in short, is that the suit land measuring 17 drones, 5 kanis, 1 gonda and 1 kara as described in schedules to the plaint originally belonged to Fazal Kabir Khan, who possessed the same in khas. While being the rightful owner-in-possession, Fazal Kabir Khan settled 14 drones of the land w......and measuring 17 drones, 5 kanis, 1 gonda and 1 kara as described in schedules to the plaint originally belonged to Fazal Kabir Khan, who possessed the same in khas. While being the rightful owner-in-possession, Fazal Kabir Khan settled 14 drones of the land with Md. Putan by a registered patta date..Category: Property Law | Date: | Hits: 116
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......ted upon untrue allegations of fact. 5. Mr. Rajik-al-Jalil, learned Deputy Attorney General appearing for the petitioners in Civil Petition No.1718 of 2010 argued that the disputed property is the khas land of the erred in law in directing for correction of the record-of-rights in respect of the ......sed of analogously. Respondent Nos. 1-4 instituted Writ Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorporating change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure-A) exec..Category: Property Law | Date: | Hits: 68
....h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......he trial Court on consideration of the evidence on record by judgment and order dated 21st June, 1993 dismissed the suit mainly on the reasonings that the plaintiffs failed to prove their title and possession of the suit land. On appeal from the said judgment and order, the Court of Appeal below b..
Category: Property Law | Date: | Hits: 68
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....ted 2.7.2009 passed by the High Court Division in First Appeal No. 415 of 2003.) Judgment Surendra Kumar Sinha J. - Petitioners are the heirs of defendant in a suit for declaration of title and recovery of khas possession of the suit land, preferred this petition for leave to appeal from the j...... passed by the High Court Division in First Appeal No. 415 of 2003.) Judgment Surendra Kumar Sinha J. - Petitioners are the heirs of defendant in a suit for declaration of title and recovery of khas possession of the suit land, preferred this petition for leave to appeal from the judgment of t......ed by the High Court Division in First Appeal No. 415 of 2003.) Judgment Surendra Kumar Sinha J. - Petitioners are the heirs of defendant in a suit for declaration of title and recovery of khas possession of the suit land, preferred this petition for leave to appeal from the judgment of the Hi..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
.... Mia, (2) Mohammad Ali alias Alimullah, (3) Salimullah, (4) Habibullah, all sons of Korban Ali of village Nadirpar, Kamrangir Char, Police Station-Lalbagh, District-Dhaka for declaration of title and recovery of khas possession in respect of the suit property measuring 10(ten) kathas of land in Khat......hammad Ali alias Alimullah, (3) Salimullah, (4) Habibullah, all sons of Korban Ali of village Nadirpar, Kamrangir Char, Police Station-Lalbagh, District-Dhaka for declaration of title and recovery of khas possession in respect of the suit property measuring 10(ten) kathas of land in Khatian No.42(Ol......rt, Dhaka in Title Appeal No.223 of 1997 affirming those of the learned Assistant Judge, 3rd Court, Dhaka dated 31.07.1997 in. Title suit No.160 of 1994 decreeing the suit with direction to hand over possession to the plaintiffs. 2. The facts, in short, are that the plaintiff-petitioners filed Ti..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....s leading to the filing of this petition for leave to appeal, in short, are: 3. Respondent No.1 instituted Other Class Suit No.15 of 2004 in the Court of Assistant Judge, Baladangi, Thakurgaon for recovery of khas possession by removing kachha houses. 4. The case of the plaintiff, in short, ...... the filing of this petition for leave to appeal, in short, are: 3. Respondent No.1 instituted Other Class Suit No.15 of 2004 in the Court of Assistant Judge, Baladangi, Thakurgaon for recovery of khas possession by removing kachha houses. 4. The case of the plaintiff, in short, is that the ......filing of this petition for leave to appeal, in short, are: 3. Respondent No.1 instituted Other Class Suit No.15 of 2004 in the Court of Assistant Judge, Baladangi, Thakurgaon for recovery of khas possession by removing kachha houses. 4. The case of the plaintiff, in short, is that the suit ..Category: Property Law | Date: | Hits: 79
....ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
...... sent to this plaintiff acknowledging the same.
8. On 12 June, 1981 the Secretary, Jute Trading Corporation Ltd. issued a letter to M/s. Haque Company, the tenant, advising to hand over the vacant possession of the schedule premises to Mr. Q.M. Kamal, Senior Assistant, Jute Trading Corporation Lt..
Category: Property Law | Date: | Hits: 82
.... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... deed dated 5.2.73 sold 22 decimals of land to plaintiff No. 9, Habib Ullah.
4. In this way plaintiffs Nos.1-10, 11,12,14,17, 19, 23, 24, 25-28 and 31 purchased in total 4.57 acres of land and in possession. This property along with other properties have been recorded in the Saf kabala as per de..
Category: Property Law | Date: | Hits: 66
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......n the existing building. In view of the averments made by the contending parties it appears that in order to ascertain whether the deed of gift in question had been acted upon or not i.e. whether the possession had been delivered to the donee is a material one as because if it is found that the poss..Category: Property Law | Date: | Hits: 80
....de, illegal, inoperative and void and of no legal effect and was not binding upon the plaintiff. It was further declared, "the suit property is not an abandoned property and that the plaintiff do get recovery of possession of the suit property". The said decree was executed in Title Execution Case N...... the 3rd Court of Subordinate Judge, Dhaka after evicting the illegal occupant MA Aziz in Title Execution Case No.91 of 1985 which arose out of Title Suit No.459 of 1985 on a suit for declaration and khas possession. The petitioner filed the said suit on 26.2.1977 which was registered as Title Suit ...... 16,206.00 on 4.4.1962. Thereafter the petitioner constructed a building thereon upon a plan approved by the Dhaka Improvement Trust under Memo No. 1660, TP dated 21.4.1964. The petitioner who was in possession and enjoyment of the said property was dispossed therefrom in the 3rd week of December, 1..
Category: Property Law | Date: | Hits: 86
.... the plaintiffs have got prima facie right, title and possession in the suit land and that if the plaintiffs possessed any more land than they are entitled to, then the defendants can file a suit for recovery of excess land from the possession of the plaintiffs. On appeal the judgment of the trial C...... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94.......lly belonged to one Abdul Gafur Khan who in turn transferred 10.50 decimals of land by two registered deeds in favour of Hazera Nazrul who by two registered deeds sold to the plaintiffs and delivered possession. The plaintiffs initiated their names and paid rents and were in peaceful possession of t..
Category: Property Law | Date: | Hits: 72
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......cannot be gone into and determined in a proceeding for pre‑emption but if the transferee or the transferor takes the plea that no transfer took place under the kabala and the transferor remained in possession of the land the court in a pre‑emption proceeding can enter into such question and give..Category: Property Law | Date: | Hits: 89
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