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Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......f was constrained to file the suit. 4. It is also the case of the plaintiff that it has leased out the land other then the land described in the 'Kha' schedule to others who have been described as tenant-defen­dants on monthly rent basis and at the time of P.S. survey instead of recording the la..

Category: Tenancy Law | Date: | Hits: 176

Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)

....ge, no irrevocable general power of attorney, no letter of guarantee and no demand promissory note to either the Sangstha or Tapashee as security for the loan Taka 70 lakh, they have no personal or contractual lia­bility of the Dockyard (Company), the High Court Division observed:  ......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..

Category: Business or Commercial Law | Date: | Hits: 311

M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)

.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......ase, in short are that the plaintiff is the owner of the premises at 35/11 Shantigangar, Dhaka; that the defendant No1. entered into the said premises on 01.02.1987 as an ordinary ejectable monthly tenant under the plaintiff on condition to pay rent of TK.23,248.00 per month within 7 days of the..

Category: Civil Law | Date: | Hits: 110

Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)

....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......which compelled plaintiffs to file the instant suit. 3. The defendant No. 3 contested the suit by filing a written statement contending, inter-alia, that Chhakkun Miah was the C.S. recorded tenant and thereafter the suit property was recorded in S.A. khatian in the name of Abdul Halim. It..

Category: Civil Law | Date: | Hits: 94

Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)

.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......urt Division disposed of both the Rules issued in the Civil Revision Case No.1310 of 1996 and 201 of 1995 by a single judg­ment an order. 2. The petitioners of both the leave peti­tions are same-tenants and the respondent No.1 is the landlord. 3. The relevant facts are that the father of the..

Category: Tenancy Law | Date: | Hits: 145

Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)

....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ......e Senior Assistant Judge, Godagari, Rajshahi for pre-emption under section 96 of the State Acquisition and Tenancy Act on the allegations, inter alia, that the suit land belonged to S.A. recorded tenant Noor Mohammad and Faizuddin Mondal. Faizuddin Mondal died leaving behind widow Sakhimon and ..

Category: Property Law | Date: | Hits: 26

Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)

....review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......arent on the face of the record inasmuch as the Appellate Division failed to appreciate that the power of cancellation of the trade licence cannot be used for settling dis­pute a landlord an a tenant specially so when the landlord has not cancelled the tenancy agreement of any fault of the t..

Category: Business or Commercial Law | Date: | Hits: 169

Syedur Rahman Chowdhury Vs. Monowara Begum and others, 2008, 37 CLC (AD)

....tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ......quently, the said case was trans­ferred to the Court of Munsif, Anowara, Chittagong and was renum­bered as Miscellaneous Case No. 38 of 1983. That One Abeda Khatun was the original recorded tenant of the case land who used to cultivate the land through bargader and the petitioner is a con..

Category: Property Law | Date: | Hits: 26

Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)

.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......i Kasya and that in the remark column it has been noted that in 1338 B.S. the land has been mortgaged in usufractuary form, that no material was brought on record to show that land of C.S. recorded tenant was made khas by the landlord(s) and thereupon held that by the settlement, as claimed by th..

Category: Property Law | Date: | Hits: 28

Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)

....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ...... belonged to Kalachand Gazi, Haziruddin Gazi and Mofizuddin Gazi Kalachand Gazi mortgaged 1.98 acres of  land to the plaintiff on 26.04.1943 by registered kabuliat. The plaintiff became korfa tenant under Kalachand Gazi and paid rent to him. The R.S. and S.A. record was made and finally pub..

Category: Property Law | Date: | Hits: 22

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......ntiff convert­ed into a bhiti land. He has constructed a kitchen in the bhiti and has stored some bricks and other house building materials. One Azizul Haque is occupying a portion thereof as a tenant under the plaintiff, the remaining land being in the khas possession of the plaintiff. On 16..

Category: Property Law | Date: | Hits: 33

Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)

....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ...... 4. The defendant Nos.6-7 contested the suit by filing written statement denying the plaint case and stating, inter alia, that the suit land was under khatian No.817 Mahiruddin and others were tenant under Hemayetullah. The tenants became defaulter in paying rents, the owner brought the land..

Category: Property Law | Date: | Hits: 23

Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......hased land is almost a pond. There is no vacant residential plot in that purchased property. The petitioner has no residential plot for residing in Chittagong City Town. The petitioner resides as a tenant in a rent­ed house. The allegation against the peti­tioner is totally false, collusi..

Category: Property Law | Date: | Hits: 28

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....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.  ...... accepted the submission of the writ petitioner respondent that she left the Country in the later part of October, 1971 and thereafter the property was under her constructive possession through her tenant and caretaker and that the writ petitioner also made correspon­dences from London to var..

Category: Property Law | Date: | Hits: 42

M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)

....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......ion of the same. While in possession of the suit property as a lessee under the Waqf Estate Nawab Khawja Habibullah Bahadur inducted defendant No. 1 M/s. James Finlay and Company Limited as a monthly tenant at a rental of Tk. 25/- per month. Defendant No. 1 started business of Petrol Pump and servic..

Category: Tenancy Law | Date: | Hits: 149

Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)

....mpugned judgment and order of the High Court Division is set aside and the suit for eject­ment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......on setting aside the judgment and decree dated 14.04.90 passed by the Subordinate Judge, 1st Court and S.C.C. Judge, Tangail in S.C.C. Suit No. 2 of 1992 , decreeing the suit for ejectment of monthly tenant. 2. The respondent was inducted in the year 1965 as an ejectable monthly tenant of the app..

Category: Tenancy Law | Date: | Hits: 175

Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)

....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ...... 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co-sharer tenants. The wife and sons executed a power of attorney in favour of Syed Amzad Hossain who is also..

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. ......hellip;…..(10) The Bengal Tenancy Act, 1885 (VIII of 1885), Section 22 (1) (2) In a case of merger, the landlord holds only the superior interest and can possess the land as a tenant but he has to pay rent for the land in his khas possession for use and occupation of the sam..

Category: Property Law | Date: | Hits: 55

Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)

....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ...... of 1983 of the High Court Divi­sion at Rangpur. 2. Plaintiff-respondent filed S.C.C. Suit No.4 of 1981 in the Court of Subordinate Judge, Dinajpur, seeking ejectment of the appellant, a monthly tenant in respect of the premises in question, on the ground of default in the payment of rent. The ..

Category: Tenancy Law | Date: | Hits: 159

Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)

....l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......udgment     March 24, 1985. The Bengal Tenancy Act, 1885 (Act No. VIII of 1885), section 87 The landlord is entitled to treat the land in possession of the tenant as abandoned when the tenant failed to pay rent thereof. By serving a notice under section ..

Category: Property Law | Date: | Hits: 32