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Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....ion thereof and by letting out the first and second floors to the tenants and by realising rent from them. As such it is not necessary for the plaintiff‑ respondent to seek further relief by way of recovery of possession as has been contended by Mr. MH Khandker. We, therefore, hold that the suit i......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......’ to the plaint from her mother by way of gift, that on the request of the respondent the appellant permitted him to construct a dwelling house of permanent nature in the suit land and gave him the possession of the land in July, 1967, that the respondent acting on her permission got a plan sancti..Category: Property Law | Date: | Hits: 110
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601....... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......The Touzi, however, subsequent to the purchase by the petitioners was sold in revenue sale on 25.9.45 for arrear of Revenue and was auction purchased by one Chand Mia who without getting any physical possession of the land sold the same to Prasanna Kumar Naha on 23.4.46 who in his turn transferred h..Category: Property Law | Date: | Hits: 92
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......a block during Diara Survey in the names of the different persons on the basis of their title and possession. The land of plot No. 123 is a reformed land and subsequently recorded in khatian No. 1 as khas land of the Government. The Government settled the said land measuring 78.23 to the different p......s was that the land in suit measuring 78.23 acres in plot No. 123 of Mouza Char Wapda was recorded in a block during Diara Survey in the names of the different persons on the basis of their title and possession. The land of plot No. 123 is a reformed land and subsequently recorded in khatian No. 1 a..Category: Property Law | Date: | Hits: 72
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....nt suit was a suit for declaration of title only and in fact for correction of the alleged wrong record of right in the Khatian and there was neither any prayer for confirmation of his possession nor recovery of possession of the suit land. From that point of view also it appears that the point of a......n the objection filed by the plaintiff the land of plot no. 1788/1583 was recorded in his name; that the plaintiff had knowledge of the record of right from the beginning; that the suit‑land was in khas possession of the ex‑rent receiver defendant No. 1 and the same now vested in the Government ......ff) encroached upon the gopat and in that case a pleader Commissioner was appointed to ascertain whether there was any encroachment on the gopat; that the plaintiff admitted the gopat and remained in possession of the land lying to the west of the same; that thereafter he reclaimed the entire disput..Category: Property Law | Date: | Hits: 101
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
.... and 20 dated 28.8.84 and 2.9.84 respectively passed by the Commercial Court No. 1 in Title Suit No. 29 of 1984 should not be set aside. 2. The plaintiff‑opposite party filed a mortgage suit for recovery of Tk. 668118/‑ from the defendant‑petitioner on the allegations, inter aila, that the ......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ..Category: Property Law | Date: | Hits: 90
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....run against the rightful owner from the date of discontinuance of possession or dispossession, as the case may be, and under section 28 of the Limitation Act the right is extinguished, if no suit for recovery is instituted by him within the statutory period. The mere fact that the plaintiff did n......ed as follows:‑ "Since after purchase of the s/1 plaintiff possessed the s/l through adhiars, Jamsher, Jamattulla, Dasimuddin and Mafizuddin for 10/11 years. Thereafter she had the s/1 in direct khas possession for 5/6 yrs. For the last 7/8 yrs. the s/1 is again being possessed through adhiars ......5 1.34 acres of land in 1363 B.S. and 1364 B.S. vide Kabala Exts. 1(c)4(d) out of her kabala purchased lands covered by Exts. 1-1(b). Since her purchase of the lands, the plaintiff 66s been in ejmali possession of the suit‑land with the other co‑sharers in the suit property. The land sold to the..Category: Property Law | Date: | Hits: 71
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ...... Khulna Town on 28.2.83 should not be declared to have been made without lawful authority and to be of no legal effect and why the respondent No.1 shall not be directed to restore the petitioners the possession of the same. 2. The case of the petitioners is as follows: The petitioners along w..Category: Property Law | Date: | Hits: 138
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......that appellant Bangladesh may prefer a petition for special leave to appeal to the Appellate Division. 15. It may be noted that the land in question was requisitioned in LA Case No. 41/64‑65 and possession was taken over on 1.10.68. There is no dispute that the land had been fully utilized by A..Category: Property Law | Date: | Hits: 76
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......itioner No.1 informed the respondent Nos.1 and 3 that if the proposed link road is shifted towards the north petitioners' building as well as more private lands can be saved utilizing more Government khas land as per directive of the Planning Commission. Thereafter, second revised drawing was prepar......o the respondent No.6 to drop the acquisition proceeding as per revised drawing. The respondent No.6 without disposing of the objection of the petitioner and payment of compensation to the petitioner possession of the land cannot be taken over. 6. These Rules are being contested by the respondent..Category: Property Law | Date: | Hits: 79
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....ff Abdul Halim who died during the pendency of the suit filed Title Suit No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and str......im who died during the pendency of the suit filed Title Suit No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and structures ther......o died during the pendency of the suit filed Title Suit No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and structures thereon a..Category: Property Law | Date: | Hits: 69
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....nd the defendant has also not tendered the sum of Taka 8,154.00 to the plaintiff and the plaintiff has still been in possession of the property and the defendants have also not taken any step for the recovery of possession. 13. The dispute arose when the plaintiff submitted a plan for the constru......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......andard lease agreement for land" executed on the 21st March, 1968 which was registered on 17th April, 1968 between the defendant No. 1 as lessor and the plaintiff as lessee accompanied by delivery of possession of the suit land on the terms and conditions and warranties embodied in the deed. Accordi..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233....... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......nt constituted under Section 7 of the Ordinance No.LIV of 1985. 4. Leave was granted to consider the submissions of the learned Counsel appearing for the appellant that "no proof of Government's possession in the concerned property after the effective date 28.02.1972 having been brought on reco..Category: Property Law | Date: | Hits: 65
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......rrears of rent a Certificate Case No.619 of 1964-65 was started and the land was purchased by Asgor Ali Morol, Abu Bakkar Morol, Zahurul Haque Morol, Abdul Alek Morol, Jabbar Sarder on 26.06.1965 and possession was delivered on 09.03.1966. 3. In the writ of possession due to the clerical mist..Category: Property Law | Date: | Hits: 69
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... to the extent of 20 decimals in S.A. Plot No. 1669 to defendant No.1 Jamshed Ali, who is full brother of the answering defendants on the basis of the registered kabala dated 18.11.1970 and delivered possession to the purchaser and defendants have been in possession of the suit land as part and parc..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....nable, the judgment of the High Court Division in giving direction to make payment of compensation is liable to be set aside as the High Court Division in its writ jurisdiction is not a Court for the recovery of money and has no jurisdiction to give a direction for payment of a particular amount of ......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ...... land and thereupon requiring body requested the Deputy Commissioner, Dhaka to resolve the contention of the owners of the land acquired, that the writ respondent No.2, i.e., requiring body took over possession of the acquired land on 9th January, 2001 without paying compensation in respect of the a..Category: Property Law | Date: | Hits: 80
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......Noakhali against the opposite parties and others for the declaration of their right and title in the suit land described in the schedule of the plaint stating, inter alia, that they are the owners in possession of the suit land by way of settlement from the original zamindar upon executing a registe..Category: Property Law | Date: | Hits: 82
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......at 'Ka' schedule property was leased out with one Faizul Huque and after his death to his wife Amina Hoque. As the lessee violated the terms of lease, the deed was cancelled and the Government took possession of the 'Ka' schedule property and thereafter it was leased out to the defendant Nos.3-5. ..Category: Property Law | Date: | Hits: 93
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......ing to dismiss the suit as being barred by res judicata. 2. Opposite party No.1 namely, Abul Hashem Howlader being a plaintiff brought the suit praying for declaration of title and confirmation of possession in certain immovable property. One Audhor Chandra Barai, predecessor of the pcfiti6ners, ..Category: Property Law | Date: | Hits: 80
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ...... the suit lands as accretions to the Government lands and denied the plaintiffs' title to the same. Hence they claimed a total quantity of 29.82 acres of land. They denied that the Government had any possession therein. 3. The suit was contested by the defendant Government by filing a written sta..Category: Property Law | Date: | Hits: 77
....ure of suit. He argued that during the pendency of the suit the plaintiffs were dispossessed from the suit land for which previously an amendment petition was filed praying for inserting a prayer for recovery of khas possession of the suit land and the present amendment was found necessary for speci......r of Abdur Rashid Bepari and mutation of Saidur Rahman's name was also found illegal and order passed for cancellation of the name of Abdur Rashid Bepari and treated the suit properties as government khas land and that compelled the plaintiffs to file the present suit for declaration that the orders...... Misc. Case No. 34.75 before the ADC (Rev.) Dhaka praying for mutation of their name in place of Shahidur Rahman which was ultimately rejected. The plaintiff opposite parties have no right title, and possession in the suit property and their kabalas were created with ulterior motive.
4. It is als..
Category: Property Law | Date: | Hits: 146
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