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.... and without any lawful authority.
7. Mr. Shahabuddin Ahmad, the learned Deputy Attorney-General, appearing for the respondent No.1, submits that the law does permit interference in the process of recovery possession of land belonging to government or local authority from the trespassers. The lea......as been threatened by the impugned action.
The respondent No.1, Housing and Building Research Institute in its Affidavit-in-opposition contended amongst others, that the lands in question is not a khas land of the Government but a project land acquired for Housing and Building Research Institute ...... Affidavit-in-opposition contended amongst others, that the lands in question is not a khas land of the Government but a project land acquired for Housing and Building Research Institute and that the possession of the acquired land was delivered to the authority in due course and that the use of the..
Category: Property Law | Date: | Hits: 97
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......rther pleading is that Ministry of Works by letter dated 30-12-1975 informed plaintiff that in view of public utility Government decided to hold the suit property and requested plaintiff to hand over possession of the same in favour of Executive Engineer, City Building Division, P.W.D within 30 days..Category: Property Law | Date: | Hits: 83
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....ccur to him that he should seek a declaration of title. It is true that there is a finding on title by the trial Court but such finding must be taken to be incidental to the finding on the relief for recovery of possession only. 27. When the title of the plaintiff was seriously contested simple s......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......bbor, an uncle of the appellant. The Government acquired the suit land along with other property for Mirpur Housing Estate. After requisition and acquisition the government did not take over physical possession and as such, the suit land remained in the possession of said Abdur Rashid Matabbor till ..Category: Property Law | Date: | Hits: 83
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......istrict Judge allowed the appeal just on the basis of memorandum of appeal. 5. Lastly, he submits that learned Advocate Commissioner having partitioned the suit land with reference to the specific possession of the parties and in the absence of any thing to the contrary, the learned District Judg..Category: Property Law | Date: | Hits: 70
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......ent No.1 as plaintiff instituted Other Suit No. 4 of 1997 in the Second Court of Subordinate Judge at Sadar in Chittagong against the appellant and others for declaration of title and confirmation of possession and for further declaration that ex-parte judgment and decree dated 30-7-95 passed In Oth..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....d the suit against their uncle, Md. Shamsul Haque and 3 others in the Court of Joint District Judge at Rangpur for a decree declaring their right, title and interest in the suit property and also for recovery of possession of said property by eviction of the defendants therefrom. The suit property w......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......gainst their uncle, Md. Shamsul Haque and 3 others in the Court of Joint District Judge at Rangpur for a decree declaring their right, title and interest in the suit property and also for recovery of possession of said property by eviction of the defendants therefrom. The suit property was described..Category: Property Law | Date: | Hits: 139
....hts, father of the petitioner filed Title Suit No.371 of 1963 in the First Court of Sadar Munsif, Sylhet against the Ministry of Land and Lacca Tura Tea Estate and others for declaration of title and recovery of khas possession in respect of the said land along with other lands. The said suit was de......of the petitioner filed Title Suit No.371 of 1963 in the First Court of Sadar Munsif, Sylhet against the Ministry of Land and Lacca Tura Tea Estate and others for declaration of title and recovery of khas possession in respect of the said land along with other lands. The said suit was decreed in par......ring 3.33 acres of land in Khatian No.2 under Sylhet Municipality by purchase on 12th Chaitra, 1354 BS by a registered Kabala. But since the respondent No.4. Lacca Tura Tea Estate illegally took over possession and managed to record the same in its name in the record of rights, father of the petitio..
Category: Property Law | Date: | Hits: 95
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......hreatened the plaintiff to dispossess from the suit land and hence the suit has been filed. 4. Further case of the plaintiff is that since the return of the suit land to their vendors they were in possession and after purchase by the plaintiffs they are in possession. 5. Defendant Nos.11 and 1..Category: Property Law | Date: | Hits: 85
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......wards the debts as demanded in the said certificate cases. 5. Satya Ranjan Dey, as the Constituted Attorney of Raj Kumar Ghose, performed the said activities and since purchase the plaintiffs were possession of the purchased land which is admitted and not denied by the defendants at any stage. ..Category: Property Law | Date: | Hits: 83
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......sed by defendant No.1 and his brother Sudhir Mandal. Then, both of them transferred the suit land to Parul Bal by a registered deed of sale dated 14-5-1969 being deed No. 4400 exhibit 4 and delivered possession. Then, on 4-2-1970 Parul Bala transferred the suit land to one Sufia Khatun by a register..Category: Property Law | Date: | Hits: 75
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......a on 28-2-197 at a consideration of Taka 80,000.00 to sell the disputed property. Out of the said consideration money Taka 40,000.00 was paid on the same date and the petitioner was given delivery of possession of the property. The said property was enlisted as abandoned property by the government i..
Category: Property Law | Date: | Hits: 103
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......ioners should not be declared to have been passed without any lawful authority and as such of no legal effect. 2. In the writ petition, it is stated, inter alia, that the petitioners are owners in possession of CS Plot No.52 and 159 comprising in Municipal Holding No.113-116, Old Airport Road, Te..Category: Property Law | Date: | Hits: 125
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....of the plaintiffs admission, we presumed that the defendants got only .27 acre by way of auction purchase. 12. What is more, in Title Suit No.14 of 1982, exhibit-2 (Ka), the defendants prayed for recovery of possession in respect of plot Nos.27 and 29 from the plaintiffs claiming them as licence......sessed Elemjan and Halimon Bibi from 'Kha' schedule land against which Elemjan Bibi and Halimon Bibi filed Title Suit No. 1225 of 1922 in the Court of 3rd Munsif, Dhaka, in which, they got decree for khas possession. Suit plot Nos. 27 and 29 were sold in auction for arrear of rent in Money Execution......d Elemjan and Halimon Bibi from 'Kha' schedule land against which Elemjan Bibi and Halimon Bibi filed Title Suit No. 1225 of 1922 in the Court of 3rd Munsif, Dhaka, in which, they got decree for khas possession. Suit plot Nos. 27 and 29 were sold in auction for arrear of rent in Money Execution Case..Category: Property Law | Date: | Hits: 127
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......Dhaka requisitioned the aforesaid Plot No. 692 in 1958 for public namely, for establishment of a 'Hawkers Market' and directed the predecessor of the appellants i.e. Md. Noor Hossain to make over the possession by 1‑12‑1958. Thereafter, the Additional Deputy Commissioner on an enquiry found that..Category: Property Law | Date: | Hits: 95
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
.... So far as the title of the plaintiffs in the suit land is concerned it has not been finally decided, the plaintiffs are not precluded from bringing suit for establishment of their title and also for recovery of possession, if the claim is not otherwise barred. In the above view, I do not find an......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390....... SA record was prepared accordingly. Naba Kumar was survived by two sons, Radha Shayam and Radha Krishna Pal who owned and possessed share of Naba Kumar. While Nanda Rani and other co-sharers were in possession of the land they cut and removed thicket and weed and turned the land into arable land an..Category: Property Law | Date: | Hits: 64
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......d and the plaintiffs proposed to purchase the same at consideration of Taka 35,000. The petitioner, receiving Taka 30,000 is earnest money, came to an oral agreement with the plaintiffs and delivered possession of the suit land. After taking delivery of possession the plaintiff constructed a dwellin..Category: Property Law | Date: | Hits: 84
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......e Raha Brother's in pursuance of the said deed of exchange. The property in question was under requisition at the time of execution of deed of exchange and thereby the petitioner got constructive possession thereon. The petitioner thereafter filed an application before the writ respondent No.1 f..Category: Property Law | Date: | Hits: 81
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......gistered deed from the vendors and that they got their names mutated in the records of right and paying rent to the Government in accordance with law. But the government recorded the suit land in the khas Khatian illegally and trying to settle the same to others. Hence the suit. 3. The defendan......tioner hereof was a defendant in the title suit. The plaintiff-respondents hereof filed the suit for declaration of title on the land, detailed in the schedule of the plaint, claiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated i..Category: Property Law | Date: | Hits: 93
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......s are the aunt of the defendants. The plaintiffs transferred 0.29½ acre of land along with a disputed land to defendant Nos.1 and 2 against proper consideration money on 28.10.1986 and delivered possession in favour of defendant Nos.1 and 2. The plaintiff Nos.1 and 2 transferred the land to d..Category: Property Law | Date: | Hits: 84
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
.... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......g upon him, on the averments that Hedayetullah, while owning and possession the suit land, which is a mango garden, gifted the same to him by Deed of Heba-bil-Ewaz No. 21065 dated 21.4.1975 and the possession of the suit land was also delivered to him and he, after mutating his name in the revenue..Category: Property Law | Date: | Hits: 109
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