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Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......16.4.1998, purchased the case land from the proforma respondent No.4 and that the respondent No.1, by filing Title Suit No.7 of 1990 also obtained decree therein in her favour in respect of the above khas khatian land; then on 22.1.1998, he on obtaining the certified copy of the said judgment and de......an, the pro forma respondent No.2, as the Managing Trustee of the above trust; then Dr. Ashequr Rahman, with the consent of Jebonnessa, used to possess the said land as a co-sharer and he is still in possession of the same and his name has been recorded in last S.A. Khatian No.1090 and thereby he be..

Category: Property Law | Date: | Hits: 62

Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)

....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......d Ashwini Kumar Majumder and that Khitish Chandra son of Bichitra Kumar Majumder along with Surendra Kumar Majumder and Ashwini Kumar Majumder sold the suit land along with other land and handed over possession thereof to defendant No.4, Mozammel Hossain, vide registered sale deeds dated 11.08.1969 ..

Category: Property Law | Date: | Hits: 71

Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)

....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......e), 1st Court, Narayanganj, decreeing the Title Suit No.10 of 1997 in part. 2. The leave petitioners as plaintiffs filed the Title Suit No.10 of 1997 for declaration of their title through adverse possession and that the tender notice described in the 'Kha’ schedule of the plaint in respect of ..

Category: Property Law | Date: | Hits: 58

Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)

....on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......g the land. While the plaintiffs applied for mutation in respect of the suit properties the local revenue office was reluctant to mutate their names and ultimately the properties were included in the khas khatian No.1. The further case of the plaintiff is that in respect of the disputed accredited l......and' as they are landless people and the authority after due consideration, settled the land measuring 6.85 acres of land in their names in the year of 1976 and the plaintiffs got no right, title and possession in the suit land but brought this suit with false allegations and as such this suit is li..

Category: Property Law | Date: | Hits: 57

Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)

....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......roperty in fact was owned by Bonde Ali and that Rahim Box was never son of Monsur Ali and the suit property was not the property of Rahim Box and, as such, the plaintiff nor her co-sharer had been in possession of the suit property and, as such, the plaintiff had no locus standi to file the suit and..

Category: Property Law | Date: | Hits: 59

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......lot No. 802 and the area of property is 2.75 acres and during the all previous Record of Rights plaintiff School’s name was recorded. The plaintiff School has been exercising acts of ownership and possession on the suit property on regularly paying rents to the Government and also taxes to the Mu..

Category: Property Law | Date: | Hits: 68

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550....... as a person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction by his landlord as a subsequent purchaser from a co-sharer without surrendering his possession to his landlord. As, in the instant case, it is found that the petitioner was a tenant un..

Category: Property Law | Date: | Hits: 57

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

....rs that in 1900 Basanta had granted permanent Mokarari lease to some of the defendants, in 1925 the plaintiffs brought the suit for enhancement of rent of the defendant who are Osat Talukders and for recovery of arrears of rent at an enhanced rate. Both the Courts below held that the plaintiffs, ......anch of submission of Mr. Sk Razzaque Ali is that Kha schedule land which is the suit land comprises CS Khatian Nos. 688 and 689 constituted under-tenancy under CS Khatian No. 687 and there having no khas land, the auction purchaser Asmat Ali could not have acquired any title and interest in the lan......t of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petitioners as plaintiffs brought Title Suit No. 631/..

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......levant time. These have been in use by the local public from time immemorial. The lands are public easement. These lands ought to have been recorded in government Khas Khatian No. 1 as non-retainable khas land of private landlords within the ambit of section 20 of the State Acquisition and Tenancy A......y. The sale was confirmed on 8-1-65 by the said Certificate Officer, The certificate is annexed to the petition and marked as Annexure-A. The certificate officer issued the certificate of delivery of possession and the possession of the land was handed over to the petitioner on 10-1-65. A copy of th..

Category: Property Law | Date: | Hits: 107

Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)

....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214....... Faruque Chowdhury and others, reported in 7 MLR 46 = 54 DLR 181, reiterated, "A final decree passed in a partition suit or amicable partition though separates and divides the land for the purpose of possession, but does not ipso facto terminate co-ownership in such land till subdivision of the hold..

Category: Property Law | Date: | Hits: 53

Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)

....e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......85, hereinafter referred to as the Ordinance praying to delete House No. 40, Tejkunipara, PS Tejgaon, Dhaka from its inclusion in the list of abandoned property/buildings and to restore/hand over its possession to the petitioner. The application was registered as Case No. 15 of 2000 on 9‑7‑2000...

Category: Property Law | Date: | Hits: 59

Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)

....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......its after obtaining the sale deed, that the appellant failed to satisfy that in those suits the inclusion of the property in the abandoned property list was an issue, and that she failed to prove her possession, and the original lessee Jamaluddin was in this country in 1972. 6. The learned Judges..

Category: Property Law | Date: | Hits: 65

Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)

....ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......abuddin contested the suit by filing a written statement con­tending inter alia that he is the owner of the property by virtue of a registered kabala Deed No. 6812 dated 12.10.1974 and that he is in possession since his such purchase. 3. The aforesaid Mahtab also filed a suit being the Title Sui..

Category: Property Law | Date: | Hits: 46

Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)

...., we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998......., we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998.......u Miah was the owner on 2.08 acres of land but he got his name recorded in respect of the entire lands depriving the other co-sharers. Despite such record­ing, Tanu Miah's mother and sisters were in possession of their respective sharers. Tanu Miah mortgaged the lands to Abdul Huq Bepari, who obtai..

Category: Property Law | Date: | Hits: 47

Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)

....een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ......f defendant Nos. 12-15 on 08.05.2008 including the building and other lands. They are Muslims and there was no partition by metes and bounds among the co-sharers. Defendant Nos. 12-15 did not get any possession of the land. Hence the plain­tiffs filed the suit. 3. The plaintiffs filed an applica..

Category: Property Law | Date: | Hits: 44

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

.... the suit land by creating forged sale deed dispossessed the plaintiffs from the 'Kha' schedule land during the pendency of the suit on 20.12.1986 and for which the plaintiffs subsequently prayed for recovery of khas possession of the 'Kha' schedule land. 3. The defendant Nos.1-6 contested the su......nd by creating forged sale deed dispossessed the plaintiffs from the 'Kha' schedule land during the pendency of the suit on 20.12.1986 and for which the plaintiffs subsequently prayed for recovery of khas possession of the 'Kha' schedule land. 3. The defendant Nos.1-6 contested the suit by filing......t Nos. 1(Ka) to 1(Chha) and respondent Nos. 2(Ka) to 2(Ja) Monir Uddin Sheikh and Abdul Motaleb Shaikh respectively as plaintiffs filed Title Suit No.253 of 1986 for declara­tion of their title- and possession in the suit land, which they acquired through purchase from Kallayani Debi, and that the ..

Category: Property Law | Date: | Hits: 51

Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)

.... 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: VII ADC (2010) 945. ...... 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: VII ADC (2010) 945. ......decimals land under Dag No.7, 56 decimals land under C.S. Dag No.53, 71 decimals land under C.S. Dag No.113 and 13 decimals land under C.S. Dag No. 127 to Aushi Bibi-by way of Heba and also delivered possession to Aushi Bibi and Bangu Sheikh had also transferred 64 decimals land under C.S. Dag No.33..

Category: Property Law | Date: | Hits: 47

Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)

....petitioners are permitted to pre­pare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......petitioners are permitted to pre­pare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ...... Sharif a saham of 83/4 decimals of land, and that in the said partition suit, the plaintiff Nos. 1 and 2 of the instant case were made defendant Nos.6 and 7 respectively, showing their ownership and possession in respect of 13 decimals of land, each owning and possessing 6½ decimals of land vide s..

Category: Property Law | Date: | Hits: 45

Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)

....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......rative and col­lusive and made behind his back con­tending, inter alia, that the said Khatian has been prepared in the name of the defendant-petitioner hereof having no right, title and interest or possession in the suit land and that the suit land meas­uring 57 decimals of land out of 5.50 acres..

Category: Property Law | Date: | Hits: 32

Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)

....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......1 and subsequently, on receiving rest amount of Tk. 9,000/- defendant No.1 executed the kabala deed on 18.3.86; that on the date of execution of bainapatra the defendant No.2 (vendor) handed over the possession of the suit land in favour of the defendant No.1 and also permitted to start re-construct..

Category: Property Law | Date: | Hits: 39