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Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....ule 10 of the Code of Civil Procedure. 2. The suit was filed seeking the decree that the defendant No.1 is a licensee of the plaintiff in respect of the property in suit as well as for khas possession of the property described in schedule B to the plaint upon eviction of the defendant No.......l as for khas possession of the property described in schedule B to the plaint upon eviction of the defendant No.1. It was the case of the plaintiff that defendant No.1 was allowed to reside in the land in suit as licensee, that defendant No.1 wanted to purchase some land from the plaintiff but ......missed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......declaration has been sought for that the defendant No.1 is a licensee of the plaintiff and for eviction of the defendant No.1 from the property described in schedule B. So, it is seen that the moot question in the suit in question is, whether defendant No.1 is a licensee of the plaintiff. The op..Category: Property Law | Date: | Hits: 33
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ing that the suit land was declared as protected forest land by Gazette Notification No. 3125 dated 13-4-1955 and since then the suit land along with other lands have been under the management and possession of the Government; the Forest Department then planted many valuable forest trees therein......int District Judge), Second Court, Dhaka in Title Suit No. 213 of 1976 dismissing the suit. 2. The petitioner, as plaintiff, filed the above suit seeking declaration of his title in the suit land as described in the schedule of the plaint stating, inter alia, that the suit land originally ......missed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......sts. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......dar reported in 32 DLR (AD) 167 it has been held that an ex parte decree obtained by suppressing summons is a decree obtained fraudulently and, as such, nullity and the decree, which has been questioned in the present miscellaneous appeal, is a nullity; in the present case in a hot haste an..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....pon receiving Taka 25,000 out of the total consideration money of Taka 50,000 Syed Rafiuddin Ahmed executed an agreement for sale of the property he acquired by lease dated 28-1-1964 and made over possession of the property in question, that Syed Rafiuddin Ahmed having had not executed and regis......consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day also appointed an attorney to complete the registration of the kabala in respect of the land as regard which plaintiff's vendor Anowara Begum entered into an agreement for sale and the a...... costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......ff obtained an ex parte decree on April 26, 1989 in Title Suit No. 291 of 1985. It may be mentioned the said suit was filed seeking specific performance of the contract for sale of the property in question dated November 9, 1979 between the defendant No. 1 and Syed Rafiuddin Ahmed. In the backgr..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....ties as alleged in the plaint and that Tusi Bewa did never get 200 decimals as alleged who was, in fact, owner of 165 decimals and that she as well as her daughters were never in physical possession of the suit property and that there was no vacant space in the suit land nor the defendan......ibi became owner and possessor of the suit property and that she died leaving behind the plaintiff and that, all on a sudden, the defendants i.e. the petitioners, started construction in the khas land of the Government and also they tried to encroach upon the vacant space of the plaintiff's prop......e discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ...... 2. The petitioners filed the above miscellaneous case challenging the order dated 21-5-1982 passed by the Administrator of Waqfs in Enrolment Case No. 22 of 1978 in enrolling 3.57 acres of land as described in schedule of the above enrolment case as waqf property and also for a declarati......he petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......others reported in 2002 BLD (AD) 136 cited by the learned Advocate for the petitioners before the High Court Division are distinguishable from the facts of the instant case as in those cases,, the question as to whether there was any scope of rehearing of a civil revision decided on merit by a r..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....hat said Hanif Khan and Anis Khan mortgaged the land of the heirs of Himmat Khan and Rahmat Khan to the predecessor of the defendant Nos. 1-11, Asmot Miah, and since mortgage said Asmot Miah was in possession of the land so mortgaged and that after the death of Asmot Miah, his heirs defendant No...... dismissing the same. The suit was filed seeking redemption of an usufructuary mortgage dated 26-12-1927. 2. The suit was filed on September 27, 1989. It was the case of the plaintiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan, Rahmat Khan, Hanif Khan and ...... Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......icle 143 of the Limitation Act, that plaintiffs made the demand for return of possession in the 1st part of Magh, 1395 BS since by that time the mortgage being an usufructuary mortgage, the land in question became free from mortgage, that in case of usufructuary mortgage period of limitation as p..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....e of Firoz Bhuiyan and Abu Sufian each having 8 annas share as regard the land taken settlement by the Hukumnama dated 10th Kartick, 1344 BS as well as paternal land and that in the background of the possession of Abu Sufian RS record was prepared in his name and was published finally in the name ......e, Monohardi, Narsingdi in Title Suit No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, prepared in the name of defenda......d with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ...... his right in the half of the property by waiver, estoppel and acquiescence appears to be of substance. 20. It is seen from the judgment of the High Court Division as well as the courts below that question of possession in the background of the evidence on record touching maintainability of the s..Category: Property Law | Date: | Hits: 33
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ...... holding i.e. the premises in question and that a partition suit is pending, that there was no agreement of tenancy between the defendant and the plaintiff and as such there is no relationship of the landlord and tenant between the plaintiff and the defendant. The trial Court decreed the suit with t......is Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......nt i.e. petitioner herein contested the suit denying the contention of the plaintiff as of his being a tenant under the plaintiff and also that he is a co-sharer of the holding i.e. the premises in question and that a partition suit is pending, that there was no agreement of tenancy between the de..Category: Tenancy Law | Date: | Hits: 165
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ......, the preemptor respondent No.1, filed the above Miscellaneous Case No.11 of 1994 under section 96 the State Acquisition and Tenancy Act stating inter alia that she is a co-sharer of the case land by inheritance and her sister Nur Banu, the respondent No. 2/co-sharer, sold the case land to...... ADC (2008) 339 ......ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ..Category: Property Law | Date: | Hits: 22
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
....e petitioner Nos. 1 (Ka) to 1(Cha) along with the petitioner Nos. 2 to 5 herein filed Other Suit No. 14 of 1986 (previously Other Suit No. 229 of 198) for declaration of title, confirmation of possession and also for permanent injunction in respect of the suit land on the averments that the ....... 2 to 5 herein filed Other Suit No. 14 of 1986 (previously Other Suit No. 229 of 198) for declaration of title, confirmation of possession and also for permanent injunction in respect of the suit land on the averments that the suit land originally belonged to Monsur Ali, the father of the plain......shy;missed. Ed. This Case is also Reported in: V ADC (2008) 337. ......n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ..Category: Property Law | Date: | Hits: 27
....erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
......th the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
......d 27.08.1991, passed in Title Suit No. 347 of 1982, Miscellaneous Case No. 40 of 1997 under Order 9 Rule 13 of the Code of Civil Procedure was filed about 6 years after passing the ex-parte decree in question and no application under section 5 of the Limitation Act was filed for condonation of delay..
Category: Limitation Law | Date: | Hits: 165
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
....No.2825 of 2004 discharging the Rule. 2. The plaintiff instituted Title Suit No.01 of 1991 in the Court of Assistant Judge, Shaymnagar, Satkhira for declaration of title and confirmation of possession to 14.27 acres out of 21.40 acres appertaining to Plot No. 63 C.S. No.6 of Mouza Go......possession to 14.27 acres out of 21.40 acres appertaining to Plot No. 63 C.S. No.6 of Mouza Gopalpur under RS. Shaymnagar District Satkhira stating, inter alia, that the entire 21.40 acres of land of Plot No. 63, C.S. Khatian No.6 of Mouza Gopalpur PS. Shaymnagar belonged to Brojomohini Das......s Case is also Reported in: V ADC (2008) 332. ......decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 332. ..Category: Property Law | Date: | Hits: 23
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
....ior to the filing of the suit seeking preemption was noticed by the appellate Court, that delay in making the 'talabs' was not considered by the appellate Court, that there was no delivery of possession of the land sought to be preempted and as such the suit filed seeking pre-emption was no......;ing of the suit seeking preemption was noticed by the appellate Court, that delay in making the 'talabs' was not considered by the appellate Court, that there was no delivery of possession of the land sought to be preempted and as such the suit filed seeking pre-emption was not maintainabl......dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ..Category: Property Law | Date: | Hits: 25
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......e Suit No. 82 of 1991, who was the defendant in Title Suit No.102 of 1990, was that the deed No. 5649 dated 19.6.1969 on the basis of which plaintiffs of Title Suit No. 102 of 1990 are claiming the land described in the schedule of the plaint of the said suit is fraudulent and ante-dated, that th......dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ..Category: Property Law | Date: | Hits: 21
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ...... 2. The petitioner filed the above miscellaneous case under section 24 of the Non Agricultural Tenancy Act stating, inter alia, that the case land situated at C.S. Dag No. 1006 was owned by Hanif Faruk Ansari; the S.A. record contained 13 de...... This Case is also Reported in: V ADC (2008) 312. ...... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ..Category: Property Law | Date: | Hits: 30
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and proforma defendant No. 6 on receipt of salami and also settled lands of schedule 'B' to plaintiff Nos. 1 and 5 and proforma defendant Nos. 7-14 by realizing salami from them and the possession of the suit land was delivered. The plaintiff Nos. 3-5 cultivated their own land and als......le Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the suit land and from plainting any plaint in the suit land and/or from in any way disturbing possesion of ......ew petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ......wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ..Category: Property Law | Date: | Hits: 31
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......y be mentioned it has been averred by the preemptor that he had initial knowledge about the transfer on January 21, 1995. It is also the case of the pre-emptor that he is a co-sharer of the holding land of which has been transferred by the opposite party No. 2 and that the pre-emptee is a strang...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......Miscellaneous case was barred by limitation upon due consideration of the evidence but the appellate Court upon proceeding on the wrong premises set aside the finding of the trial Court on the question of limitation. The High Court Division also held that pre-emptor miserably failed to prov..Category: Property Law | Date: | Hits: 20
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
.... Assistant Commissioner (Land) are illegal, collusive, inoperative and not binding upon the plaintiffs and for permanent injunction against the defendants restraining them from taking over the possession of the Bazar and evicting the plaintiffs and other businessmen and demolishing the Baza......000 in the Court of the learned Assistant Judge, Khulna Sadar, Khulna against the defendants Nos.1-5 for declaration that the order contained in memo dated 18.4.2000 passed by the Ministry of land and the order contained in memo dated 15.5.2000 passed by the Commissioner, Khulna &......C (2008) 304. ......move the Bazar upon demolishing the same. The defendant No.2, Deputy Commissioner, contested the suit by filing a written statement contending that the (suit was not maintainable and the bazaar in question was established in violation of law and the same was therefore liable to be removed and de..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
.... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ......(now Assistant Judge), Additional Court Sylhet in Title Suit No. 93 of 1985 decreeing the suit. 2. The respondents filed the above suit for declaration of their easement right over the land described in the second schedule of the plaintiff and also for permanent injunction restrainin......dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ..Category: Property Law | Date: | Hits: 19
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