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Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....dule "Ga" to the plaint. The plaintiffs have prayed for declaration of their title and confirmation of possession in 2 decimals of land described in schedule "Kha" and declaration of title and also recovery of possession in 4 decimals of land described in schedule "Ga" to the plaint. Admittedly ......ners as plaintiffs filed above mentioned Title Suit No.06 of 1998 for declaration of their title and confirmation of possession in schedule "Kha" land and for declaration of title and recovery of khas possession of schedule "Ga" land as described in the schedule to plaint. 3. The plaintiffs' c......ge, Feni in Title Suit No.06 of 1998 decreeing the suit. 2. The present petitioners as plaintiffs filed above mentioned Title Suit No.06 of 1998 for declaration of their title and confirmation of possession in schedule "Kha" land and for declaration of title and recovery of khas possession of ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218....... of Jabed Ali Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others, 35 DLR (AD) 31 submits that in oral gift unless there is offer for gift, acceptance of the gift and delivery of possession, the gift is not valid which having not stated in the plaint the plaint is liable to be r..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ...... No.5 of the said holding belonged to Abdul Aziz and another from whom the plaintiffs purchased the same by three registered kabalas dated 31-8-1994, 28-9-1994 and 02-11-1994 and got delivery of possession. Prior to their purchase, the defendants were tenants in respect of the suit premise..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....র জন্য" defendant No.1 acted mischievously, as such, decree should be passed. If that be so, then on exhibit-1 which, as it appears to be a money-receipt, plaintiff ought to file a suit for recovery of money, not a suit for specific performance of a contract. 26. There is another hurd......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......ul Haque Vs. Sarafat Ali, reported in 46 DLR 57 where it has been held that, “Mr. Abdur Rashid also argued that the lower appellate Court committed a serious error in law in its decision in finding possession of the defendants although the defendants did not specifically deny the allegation of pos..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ...... by operation of law during 6-9-65 to 16-2-69 when the emergency was formally lifted, became vested properties and the Government may treat such properties as enemy or vested properties and take over possession thereof in accordance with law subject to the legitimate rights of co-owners, co-sharers ..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
....rs Md.
Nurul Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from......, praying for declaration of title in respect of Ka
schedule land and further declaration that Kha schedule Heba deed is illegal,
void, inoperatives, not binding upon plaintiffs and for recovery of khas
possession in respect of Ga schedule property described in the schedule of the
plaint, statin......l Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from the suit la..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......ed by notice dated 24th April 1968. 5. The land covered by the order of derequisition as well as of 4 DP Khatians as mentioned above were wrongly recorded in the name of Collector, Dhaka as khas land but at the time of preparation of RS record the land in question was duly and correct......ule 29 published the draft record-of-rights for public inspection. Under Rule 30, the Revenue Officer shall decide summarily in presence of the interested parties any objection regarding ownership or possession of land or of any interest in land. Any person aggrieved by such an order on any obj..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
....tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......not a scrap of paper showing his title filed
before the Courts but only filed S.A. Khatian
in as much as he submitted that the S.A. Khatian
is not a deed of title but only such Khatian
proves the possession and that S.A. Khatian
has no presumption in evidence but the Courts below having not rec..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......ান করিবে। 2. The plaint case, in short, is that "Ka" schedule land was originally belonged to Sree Laksmi Narayan Thakur who got permanent settlement and while in possession, his name was finally published in CS khatian. Thereafter, he transferred the suit land t..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
....fs instituted Other Suit No.55 of 2004 in the Court of the Senior Assistant Judge, Sadar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further declaration that the registered deed of gift i......d Other Suit No.55 of 2004 in the Court of the Senior Assistant Judge, Sadar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further declaration that the registered deed of gift in favour of ......er Suit No.55 of 2004 in the Court of the Senior Assistant Judge, Sadar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further declaration that the registered deed of gift in favour of Minot..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......id plot from 376 to 375 square yards and the amount of 'Salami' from Tk.50,625 to Tk.50,625 if paid in installments. Meanwhile, a Sub-Divisional Engineer of the Housing Estate delivered joint possession of aforesaid plot to said allottees vide letter of possession dated 21.03.1981 and on the..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....uired under Order VII Rule 3 of the Code of Civil Procedure but that has not been done in the instant case and in view of that without a suit for declaration of title and for joint possession or recovery of khas possession or partition Section 42 of the Specific Relief Act is not available to a......Order VII Rule 3 of the Code of Civil Procedure but that has not been done in the instant case and in view of that without a suit for declaration of title and for joint possession or recovery of khas possession or partition Section 42 of the Specific Relief Act is not available to attract the r......arder who transferred the same to his only daughter, the defendant No.1 by executing registered Heba-bil-ewaz deeds No.4080 and 4266 dated 8.6.1997 and 15.6.1997 respectively and delivering possession thereof to the defendant No.1. Lokman Hossain Sarder also transferred his other lands in ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......taking a further loan of Tk. 7000/- (Seven thousand) he executed a bainapatra on 15.01.1971 at Barishal acknowledging his earlier receipt of Tk. 10,000/- for sale of the suit land and delivered its possession to her and there was a stipulation that defendant No.1 would execute and register the s..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......d Chandra Roy and others under whom Sahar Ali, Asad Ali Mia were the rioty tenants. The R.S. Khatian was prepared in their names finally Sahar Ali and others being unable to pay rent surrendered khas possession of the said land in favour of Zaminder. The Zaminder took the land in khas possessio......ndra Roy and others under whom Sahar Ali, Asad Ali Mia were the rioty tenants. The R.S. Khatian was prepared in their names finally Sahar Ali and others being unable to pay rent surrendered khas possession of the said land in favour of Zaminder. The Zaminder took the land in khas possession and..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....cation of the proposed land was mentioned in the notices under sections 3 and 6 of the Ordinance. The petitioner collected a notice which revealed that the Assistant Commissioner (Land) took step for recovery of the khas land measuring 6.30 acres of R.S. plot No.2357. Respondent No.9 issued a letter......the petitioner though his name was duly mutated in R.S. khatian No.57, vide Mutation Nothi No.11205/2004 and Mutation Khatian No.1716. The existing Kacha Bazar has been developed almost wholly on the khas land earlier used by DCC as garbage dumping station. Of total 11.08 acres of land of R.S. plot ......ther notice dated 5.2.2008 under section 7 of the Ordinance upon each of the members who purchased the land described in the schedule to the Writ Petition. The members of the Association are still in possession of the land in question and have been carrying on business there. Since the petitioner fa..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......d legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the properties sought to be partitioned, if not partitioned earlier by metes and bound..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ...... the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the properties sought to be partitioned, if not partitioned earlier by metes and boun..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....ot binding upon them. The defendants were not entitled to get any relief by way of execution of the decree through Title Execution No.3 of 1980 without filing a suit for declaration of title and recovery of khash possession on payment of a ad-valorem court fees. The plaintiffs filed Title Suit ......pon them. The defendants were not entitled to get any relief by way of execution of the decree through Title Execution No.3 of 1980 without filing a suit for declaration of title and recovery of khash possession on payment of a ad-valorem court fees. The plaintiffs filed Title Suit No.329 of 19......shi Nowab Ali of 74, Mirpur, Dhaka on 20.06.1953. The sale was confirmed on 24.08.1953 and sale certificate was issued in favour of said Ali Ahmed on 19.11.1953. The auction purchaser (Ali Ahmed) got possession of the auction purchased land on 20.01.1954 through court. Ali Ahmed being in possession ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......and measuring about 1.63 acres of land out of which five decimals of land
purchased by opposite party No.2 Biren who purchased the said land and erected
the house therein and while he had been in possession the D.P. Khatian No.138 and new Dag No.408 was prepared. Thereafter a
new B.P. Khatian..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....ers reported in 2 BLC (AD) 33 where in it has been held that:- "As the first two Courts below concurrently found that the plaintiff has no possession in the suit land and that without a prayer for recovery of khas possession the suit was not maintainable, the High Court Division without reversing...... in 2 BLC (AD) 33 where in it has been held that:- "As the first two Courts below concurrently found that the plaintiff has no possession in the suit land and that without a prayer for recovery of khas possession the suit was not maintainable, the High Court Division without reversing such findin......a as her legal heirs. Thereafter the aforesaid heirs of Afsin sold out the suit, property to the plaintiffs vide Sub-Kabala deed Nos.741, 742 and 743 dated 24.5.1984 and 27.5.1984 and handed over the possession to the plaintiffs who were cultivating the same through their Bargadar like Miazuddin and..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
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