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Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......as possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece of land measuring 15 decimals, a part of C.S. Plot No.45 having an area of 8.24 acres appertaining to khatian No.306 of mouza Dakshin Chandpur, P.S. Damurhuda. 3. The suit plot originally belon..Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....h. It is enough if she continues to remain in possession. Mr. Rafique-ul Huq submits that in this cases there is evidence that within two months of the deed of gift the writ petitioner applied for mutation of the case property in her name and that her caretaker paid all bills, rates, taxes etc. ......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ...... co-sharers having not been impleaded in the application of pre-emption the application is not legally maintainable. As a matter of fact, some of the S.A. recorded tenants as appeared from the khatian filed in this case have been omitted. In view of the legal position the application for pre..Category: Property Law | Date: | Hits: 34
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......ted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for declaration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. S. Plot No. 1474 under khatian 1/29, Touzi No. 133 of Kaliakoir Mouza within P.S. Kaliakoir Dist. Dhaka and for further de..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....was served with notice to surrender possession of the building nor the possession of the same was ever taken over by the Government and that the owner was in physical possession of the building on mutation of his name in the record of right and on payment of rent and taxes to the authority and a......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....ed to adduce any evidence in this matter as this will certainly go against them. As to why they filed the Separation case, they have now explained that by filing the separation case only mutation of their names in place of the original owner Sarala Bala Pal was intended and that the pr......epting this statement which is apparently an admission against the interest of, its maker, there is no evidence that the jama was actually separated and the lands were recorded under separate khatians. The copy of a proposed khatian No. 997/1 has been produced before us by the appellant-pre..Category: Property Law | Date: | Hits: 35
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... heirs of Ahmadullah Dewanji including himself and these facts were duly recorded in the C.S. Khatian No.140 (Ext. 21) which was prepared at a later date. Under this Khatian No.140, there were five khatians namely, Khatians Nos.141 to 145 in which the names of some bargaders of Golam Rahman were ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....the defendants did not deny the execution of the deed in their written statement but their case was that the L.T.Is of defendant No.1 were obtained on blank stamp papers for causing mutation of the Heba land. It may be mentioned that the defendant No.1, Gulshan Bibi gifted away th......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..Category: Property Law | Date: | Hits: 25
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......Hindus took shelter in the house of the defendant. Plaintiffs proposed exchange of their properties in Calcutta, India with those of Abdul Malek and accordingly delivered their title deeds and khatians to Abdul Malek and asked him to prepare a power of attorney in his favour. Abdul Malek got..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......he same can not remain with the landlord; that the trial Court in its judgment erroneously found that the rent receipts submitted by the defendants are not genuine and are not relating to the suit khatian; that the High Court Division erred in law in giving importance to the judgment of the Reve..Category: Property Law | Date: | Hits: 28
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......the survey record and she died leaving mother, husband and a son who is the plaintiff. The plaintiff came to know in the first week of the September, 1984 that his mother's name was not in the khatian of the schedule property and hence he tiled the suit for declaration of title. 3. Th..Category: Property Law | Date: | Hits: 32
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......ed, that they filed Miscellaneous Case No. 127 of 1969 under Section 143A of the State Acquisition and Tenancy Act for correction of the S.A. record and got order in their favour and thereupon S.A. khatian No. 1236 of Mouza Badda was prepared and finally published in their names, that defendant ..Category: Property Law | Date: | Hits: 45
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... the lower court ought to have found the date of kabala in favour of the defendant No. 1 as it is found from the exhibit-A and from the deposition of D.W. 1. The petition of the defendant for mutation dated 25.2.1962, the date of kabla seemed to have been written as 25.2.1964, which is cler......missed the suit with a clear finding that neither of the parties succeeded in proving the settlement from the original owner and without any finding regarding possession although the S.A. khatian stands in the name of Atul @ Arjun and not Manindra. 12. Against the said judgment ..Category: Property Law | Date: | Hits: 37
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ...... 04 decimal half of Plot No. 7066 has been inherited by defendant Sukada as the only heir of her father Probodh Chandra. (d) Exhibit-"C" rent receipts which contain the khatian number and Plot No. 7066 measuring .08 decimal of land as mentioned in the schedule of the..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....ment of the suit land from the plaintiff. Again in the year 1974 Jonab Ali by executing Ext. 5(ka) deed of barga kabliat took barga settlement of the suit land for 5 years. Plaintiff proved Ext. 3 mutation porcha and D.C.R. of the same Ext. 7. She paid rent by Ext. 8 series and produced 5/6 dakh......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....ns of the above multi-storied building and the remaining portion were let out to different tenants; the above heirs of late Md. Serajuddin approached the Ministry of Works on several occasions for mutation of their names in place of their father late Md. Serajuddin and then in reply to their let......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35