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Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ary Affairs gave opinion in favour of the petitioner open space rent will be half of the covered space in the outside of the port protected area and drifted on the premises that there is no scope for recovery at half rate rent at Taka 10 per square metre by addition, alteration or revision since lea...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......intiff a party to the suit and on the basis of a forged solenama. The defendants denied the plaint allegations and claimed that the land was settled with defendants 1 and 2 by Hemangini. They claimed possession and asserted that the earlier suit was bonafide and the solenama was genuine. They, howev..Category: Property Law | Date: | Hits: 63
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e and not vague and thereby rightly revised the trial Court’s finding on identification. The suit being one for declaration of title only and there being no prayer for confirmation of possession or recovery of possession, the point of alleged vagueness as to the description of the suit land was no......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......ion No. 2910 of 2003 and obtained Rule. 3. The fact of the case of the plaintiff-respondent-petitioner is that while the defendant No.2 Samala Bibi, wife of Safaruddin, was the owner in exclusive possession of 0.35 acres of land within the Suit C.S. Plot No.517, corresponding to R.S. Plot No.682..Category: Property Law | Date: | Hits: 74
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......ough an amicable partition they got their respective shares demarcated. As a result the co-sharers had no right, title and interest in the case land; that Sanowar while in exclusive and uninterrupted possession of his share of the land died leaving behind two sons namely, opposite pasty Nos.7 and 8 ..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....decree and weakness oh defendant’s case is no ground for passing a decree in favour of the plaintiff.” 30. In the referred case the plaintiff filed title suit for declaration of his title and recovery of possession which was decreed by the trial court and upon appeal, the learned Subordinate...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......ant Judge, Kearniganj, Dhaka on 22.11.1995 praying for a decree of permanent injunction restraining the defendant/appellant/opposite party from dispossessing the plaintiff and disturbing his peaceful possession in the suit land alleging, inter alia, that the suit land comprised in C.S. Plot No.756, ..Category: Property Law | Date: | Hits: 62
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......etitioners as plaintiffs instituted a suit for perpetual injunction against the Government and its officials in Narshingdi on the averments inter alia, that they (plaintiffs) are the lawful owners-in-possession of the suit land, which is their only homestead. The defendants initiated L. A. Case No. ..Category: Property Law | Date: | Hits: 58
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......spectively. 3. Thereafter, Asgar Ali sold to Delwar Hossain for himself and as a guardian of his minor sons A.K.M. Rezwan Ali and Safayet Ali on 27.02.1979 by registered deed of sale and delivered possession of the same. Aforesaid, Delwar Hossain Patwary, thereafter, transferred to Dayum Khan on ..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......it No.134 of 2000 in the 5th Court of learned Joint District-Judge, asserting that the suit property was allotted to one late Nazir Akter Begum vide Memo No. 2320 dated 14.08.1975 who got delivery of possession on 28.01.1976 and thereafter she died intestate on 20.11.1977 leaving behind her only son..Category: Property Law | Date: | Hits: 61
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......overnment in the above case but no compensation was paid to the recorded owners of the lands and the Government did not utilize the said lands and that the petitioner along with his co-sharers are in possession of the same. In the context of the matter he along with three others made the representat..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......hat, Abdur Rahman, the father of both the plaintiff and the defendant No.1, was the owner of 10.5 acres of land out of which he sold out 0.48 acre of land to others by registered kabalas and being in possession of the remaining land, hereinafter referred to as the suit properties died leaving behind..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ...... in Title Suit No.96 of 1990 by the Assistant Judge, Shibchar, Madaripur, who dismissed the suit. 2. Admittedly Gouranga Chandra Das, the predecessor-in-interest of the defendants was the owner in possession of the suit. And which is situated within the homestead of the defendant petitioners as w..Category: Property Law | Date: | Hits: 108
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......e said mouja were sold in auction in Money Execution Case No. 1417 of 1925 and Delbar Sheikh, the original plaintiff No.1 and one Asgar Sheikh purchased the said lands in auction and took delivery of possession through Court. The remaining 2/3rd portion of the said lands was purchased by Asgar Ali..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....plaintiffs by amalnama dated 15th Baishak, 1355 B.S. Since then Ratan Sheikh had been enjoying the suit property. Abani Mohan Roy Chowdhury filed Rent Suit No. 1108 of 1961 against Raton Sheikh for recovery of arrear rent and that suit was decreed on compromise on 30th November, 1961. Raton Sheikh......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ...... Leave to Appeal No.477 of 2007. 2. The petitioners instituted Title Suit No.151 of 1997 in the Court of the learned Assistant Judge, Gopalgonj, Sadar, for declaration of title and confirmation of possession in the suit property. The case of the plaintiffs, in short, is that the suit property m..Category: Property Law | Date: | Hits: 80
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....Nos. 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khatun, demolishing and remo......abindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khatun, demolishing and removing the dwel......a Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khatun, demolishing and removing the dwelling h..Category: Property Law | Date: | Hits: 126
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......the application). 4. Besides, Panchamoni Dasi exhausted her interest in the holdings by transfer to the pre-emptor said respondent Nos.2 and 3 and Purnima Rani and Subola Rani Dasi and delivery of possession thereof. 5. Other co-sharer Hazari Das died leaving three sons namely, Durgapada, Kali..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......n statement contending, inter alia, that the suit is not maintainable; that the plaintiffs have no cause of action; that the suit is barred by limitation; that the plaintiffs have no right, title and possession in the suit property, and that the plaintiffs have no locus standi or legal character to ..Category: Property Law | Date: | Hits: 70
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......B.S. concerning an area of 1 hal, 2 kedars and 2 jasti at a rental of TK.4.50 per year and for arrear rents the landlord filed rent suit No. 132 of 1935 and got decree and while said Majar Ali was in possession transferred the suit land in favour of Masaddar Ali 35 years back and handed over title d..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......ttagong for declaration of title in the suit land stating, inter-alia, that the suit land situated in Touzi No.874, under Mouza Bakoria was owned by Abdul Ahmed son of Anwar Ali and while he was in possession R.S. Survey started in 1928 and completed in 1932. In the R.S. record-4 annas and 7 pai l..Category: Property Law | Date: | Hits: 65
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......o Ishaque Ali by a registered 'Kabala' dated 18-12- 1972. Ishaque Ali purchased the land in the 'Benami' of defendant No. 2 Ramendra Nath. Similarly, while Indobhushan and Sarala Bibia were owners in possession of land of RS Khatian No. 147, they transferred said land to Ishaque Ali by a registered..Category: Property Law | Date: | Hits: 79
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......e pronounced by the lack of oral evidence in particular adduced in favour of such execution. Moreover, the trial Court found that no witness was examined as to the fact of the transfer or delivery of possession of the subject matter of the alleged gift to the defendant No. 1, nor was there any evide..Category: Property Law | Date: | Hits: 82
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