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Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......Khatian No. 419 and S.A. Khatian No. 464 belonged to a family of owners-in-possession consisting of Amir Mridha, Mohiuddin Mridha, Hazu Khatun, Jahirun Bibi and Amena Khatoon, who as R. S. recorded tenants held the lands in ejmali. It transpired that the cosharer tenant Amir Mridha died unmarried..Category: Property Law | Date: | Hits: 37
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......ence forth the (pre-emptee) has been continuously in possession within the knowledge of the pre-emptor and hence the pre-emption petition was barred by limitation. The claim of the petitioner as a tenant holding land contiguous to the case land was also not correct and hence the pre-emption case..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......; that there is no proof that the patta is a deed of mortgage; that the Korfa tenancy of the plaintiff by virtue of the patta has not been annulled by the alleged auction purchase and so the Korfa tenants have title and possession of the patta land; that by virtue of the kabala dated 03.03.1945 ..Category: Property Law | Date: | Hits: 22
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......ur, Dhaka. Thereafter, the appellant was informed in 1976 by his relative Abdul Barek Howlader that one A.F.M. Abdul Jobbar, respondent No. 3 entered into the land in question by evicting his monthly tenant and took possession of the said property illegally. The appellant went to Bogra and made a co..Category: Tenancy Law | Date: | Hits: 155
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......udgment and order dated 22-7-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 1637 of 1998. 2. The case of the appellant was that the respondent is an evictable tenant under her (appellant) in respect of the suit shop at a rental of Tk. 700/- per month; that t..Category: Property Law | Date: | Hits: 32
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......handra. The defendant No. 2, Taruni Chandra and Ramesh Chandra. Ramesh Chandra died leaving behind his brother Surandra Chandra and Taruni Chandra as his heirs. The another co-sharer, recorded tenant Ramesh Chandra also died leaving behind his son Manoj Kumar Das, the defendant No.3; Babu Ra..Category: Property Law | Date: | Hits: 23
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......terials on record. The last Court of fact on consideration of the materials on record held that the plaintiff has title in the land in suit and is in possession of the land in suit as the recorded tenant evidenced by the record of right and that no material was brought on record from the side of..Category: Property Law | Date: | Hits: 25
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......ol ordinance, 1983 stating, inter alia, that the suit premises originally belonged to Dhakeshwari Cotton Mills Ltd. and the petitioner being an employee of Dhakeshwari Cotton Mills Ltd. was a monthly tenant at a monthly rental of Tk. 150/- under the Dhakeshwari Cotton Mills Ltd. which was subjected ..Category: Tenancy Law | Date: | Hits: 148
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ...... J.L. No. 225 and of survey settlement was prepared and finally published in his name and accordingly he was enjoying the schedule land peacefully without May hindrance from any quarter, that C.S. tenant Badia Sheikh died leaving behind one son, Bhula Sheikh, one wife, Nasiran and two daughters ..Category: Property Law | Date: | Hits: 28
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......that the said Division considered the materials on record and thereupon arrived at the finding that no material was brought on record to establish that interest of the C.S. recorded tenant whose heirs are the defendant Nos.1 and 2 was extinguished of in any manner either by auctio..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......writ of delivery of possession was not at all produced by the plaintiff and no explanation was offered for such nonproduction. It is not disputed that the suit land was rayoti land of the recorded tenant Formani Bibi. There is no evidence on record that the ex- landlord was ever inducted in the ..Category: Property Law | Date: | Hits: 32
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......jectment of the defendant from the suit premises alleging, inter alia, that the Plaintiffs father, Md. Yakub Ali Sarder, was the owner of the suit premises and the defendant was inducted as a monthly tenant therein and the said Md. Yakub Ali Sarder transferred the suit land by a registered deed of h..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ......, after hearing, discharged the above Rule and then the plaintiff preferred Civil Petition No.6 of 1996 which was disposed by the Appellate Division with the observation that as the plaintiff, the tenant, is willing to vacate the premises if he is given a total sum of Tk. 20,45,000/- by the defe..Category: Alternative Dispute Resolution | Date: | Hits: 192
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ...... plaintiff asserted that the defendants lastly paid rent for the month of July and August, 1997 on 2.9.1997 and since then they did not pay any rent and became a habitual defaulter and undesirable tenant. The plaintiff also alleged that his eldest son, Md. Abdul Latif Mondal (since deceased), re..Category: Property Law | Date: | Hits: 91
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......eupon sought for declaration of title and confirmation of possession. 5. The land in suit belonged to Haragram (হরগ্রাম) Trust Board, Rajshahi wherein the petitioner and others were tenants of Haragram Trust Board and the said Board filed S.C.C. suit for eviction of the tenant Abdu..Category: Property Law | Date: | Hits: 39
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
.... the 1st party at site on 31.08.1994 deposited samples of bricks and sands for laboratory test under intimation to the 2nd party. But unfortunately the 2nd party defaulted in their performance and contractual obligation by not supplying the site plan and working drawing and without these two mat......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..Category: Business or Commercial Law | Date: | Hits: 129
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......ession was created in his favour in the suit land. The further case of the plaintiff is that the defendants were inducted into possession in a room in 1982 under the plaintiff’s father as a monthly tenant. The plaintiff’s father died in 1993. The defendant stopped paying rent from the last part ..Category: Tenancy Law | Date: | Hits: 139
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......nto his name; the fact of objection case No. 31 is false; the plaintiff-respondent on creating a forged "document previously filed SCC Suit No. 2 of 1989 against the appellants for eviction as tenant and lost there; the suit is false and is liable to be dismissed. 4. The trial Court d..Category: Property Law | Date: | Hits: 25
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......gment and decree dated November 26, 1994 of the 1st Court of Subordinate Judge, Sadar, Chittagong in Small Cause Court Suit No.3 of 1989. Plaintiff filed the said suit seeking eviction of the monthly tenant on the ground of default in the payment of rent as well as on the ground of bonafide requirem..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......peal before the Appellate Division and the Ministry of Works vide Notification No. 10/Chatta-150/85/1992 dated 24.05.1993 excluded the case properties from the 'Ka' list. One Abdus Sattar who is a tenant, later on allottee of the case properties filed Review Petition Nos.4 and 5 of 1993 against ..Category: Property Law | Date: | Hits: 46
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