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Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....of 1981 in the First Court of Subordinate Judge, Dhaka (which transferred to 4th Court of Subordinate Judge and Artha Rin Adalat re-numbered as Title Suit No.244 of 1992) for declaration of title and recovery of khas possession of the following land of “Schedule ‘A’ comprising of an a......he First Court of Subordinate Judge, Dhaka (which transferred to 4th Court of Subordinate Judge and Artha Rin Adalat re-numbered as Title Suit No.244 of 1992) for declaration of title and recovery of khas possession of the following land of “Schedule ‘A’ comprising of an area of .1256......rst Court of Subordinate Judge, Dhaka (which transferred to 4th Court of Subordinate Judge and Artha Rin Adalat re-numbered as Title Suit No.244 of 1992) for declaration of title and recovery of khas possession of the following land of “Schedule ‘A’ comprising of an area of .1256 acre..Category: Property Law | Date: | Hits: 39
.... given case, would have the protection of the provision of the Premises Rent Control Ordinance against eviction. Section 18 of the Premises Rent Control Ordinance provides that no order or decree for recovery of possession of any premises shall be made as long as the tenant pays rent to the full e......requirement of the suit premises and thus, directed the defendant to give vacant possession of the suit premises in favour of the plaintiff within sixty days failing which the plaintiff shall get khas possession by evicting the defendant from the suit premises through Court.
5. The matter wen...... notice under section 106 of the Transfer of Property Act had been duly served and the plaintiff has got bona fide requirement of the suit premises and thus, directed the defendant to give vacant possession of the suit premises in favour of the plaintiff within sixty days failing which the pla..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......is material contradiction between the evidence of P.W.2 Sekander Ali and O.P.W.3 Mobarak Ali with regard to the disclosure of the first date of knowledge. On the other hand, the six O.P.Ws proved the possession of the pre-emptees in the suit land for the last 13/14 years. Further, O.P.W.2 Ayub Ali s..Category: Property Law | Date: | Hits: 36
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....trict Judge, 1st Court, Dhaka, decreeing the Title Suit No. 5 of 2000. 2. The respondent No.1 of the application, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint contending, amongst others, ...... 1st Court, Dhaka, decreeing the Title Suit No. 5 of 2000. 2. The respondent No.1 of the application, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint contending, amongst others, that the def......Court, Dhaka, decreeing the Title Suit No. 5 of 2000. 2. The respondent No.1 of the application, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint contending, amongst others, that the defendan..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
.... the adjoining market, under the provisions of Hats and Bazars Ordinance, 1959. Challenging the legality of the said Order dated 23. 10.1976, the plaintiffs filed the present suit with a prayer for recovery of khas possession in 1984. The learned Subordinate Judge, after hearing, decreed the suit.......ng market, under the provisions of Hats and Bazars Ordinance, 1959. Challenging the legality of the said Order dated 23. 10.1976, the plaintiffs filed the present suit with a prayer for recovery of khas possession in 1984. The learned Subordinate Judge, after hearing, decreed the suit. Thereafter,......rket, under the provisions of Hats and Bazars Ordinance, 1959. Challenging the legality of the said Order dated 23. 10.1976, the plaintiffs filed the present suit with a prayer for recovery of khas possession in 1984. The learned Subordinate Judge, after hearing, decreed the suit. Thereafter, the ..Category: Property Law | Date: | Hits: 33
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
.... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......asmuch as on 29.01.1985 pre-emptee No. 2 acquired 0.03 acres of land by a registered deed of ewaz-nama dated 29.01.1985 from Makhon Lal Das vendor No.3. Thereby, he is exercising his right, title and possession over the said portion of the land as a co-sharer. The vendor Makhon Lal Das and his wife ..Category: Property Law | Date: | Hits: 52
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......6. This Division in dismissing the leave petition observed that: "The learned Advocate found it difficult to overcome the findings of the Court below as to right, title and interest as well as the possession of the villagers of Angarjure in the suit land and also could not show that the Parpotpur..Category: Property Law | Date: | Hits: 27
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....ourt, Narayanganj in Title Suit No.57 of 1999. 2. The respondents instituted Title Suit No.57 of 1999 in the 1st Court of the learned Joint District Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule property appertaining to C.S.......nganj in Title Suit No.57 of 1999. 2. The respondents instituted Title Suit No.57 of 1999 in the 1st Court of the learned Joint District Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule property appertaining to C.S. Plot No.78 ...... in Title Suit No.57 of 1999. 2. The respondents instituted Title Suit No.57 of 1999 in the 1st Court of the learned Joint District Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule property appertaining to C.S. Plot No.78 compr..Category: Property Law | Date: | Hits: 30
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....t Nasiruddin is the son of Jamiruddin and that the plaintiff succeeded to prove the bainapatra executed by Jamiruddin. The learned Advocate also submitted that a suit for declaration of title and recovery of khas possession, unregistered bainapatra does not create any title and the High Court Di......ound that 'since the plaintiff succeeded to prove their right and title in the suit property, though they failed to establish the fact of possession and dispossession, they are entitled to decree for khas possession.' The learned Advocate further submitted that the plaintiff failed to prove by givin...... that said Md. Jamiruddin constructed a semi-pucca house on his allotted land and resided therein with his family members; that he paid rents and taxes of the Union Parishad and after 12 years of his possession, he on 01.06.1968 applied to the concerned authority for issuing clearance certificate ..Category: Property Law | Date: | Hits: 32
....he 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: VII ADC (2010) 826.
......he 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: VII ADC (2010) 826.
......Advocates of the appellant and the learned Assistant Attorney-General for the respondent at length and in extension for 2/3 days. From the above discussion it is revealed that these appellants are in possession of the holding. But the Government has declared the property as abandoned putting it in '..
Category: Property Law | Date: | Hits: 41
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......t with Rabeya Khatun but in the name of her son-in-law, the defendant No.1 for sale of his land and accordingly paid Tk. 3600.00 out of total consideration money of Tk. 4000.00 to Narayan Chandra and possession was handed over. Thereafter since the Narayan Chandra refused to execute the sale deed. R..Category: Property Law | Date: | Hits: 33
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......nd or cause prejudice to the other co-sharers should be allowed ………..in the present-day scarcity of the accommodation in the urban areas a co-sharer should not deprived of using the land in his possession making constructions at his risk. If a co-sharer makes a construction in his possession o..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....er to a decision of Calcutta High Court, Moni Mohan Mandal Vs. Ramtaran Mandal. It is reported in Indian Law Report, Calcutta Series, Vol 43 page 148. In that case the plaintiff instituted a suit for recovery of possession of certain areas of land. The learned Munsiff dismissed the suit, as the suit......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......sion of Calcutta High Court, Moni Mohan Mandal Vs. Ramtaran Mandal. It is reported in Indian Law Report, Calcutta Series, Vol 43 page 148. In that case the plaintiff instituted a suit for recovery of possession of certain areas of land. The learned Munsiff dismissed the suit, as the suit land was no..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......ed in Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. The Rule in Writ Petition No.4338 of 2003 was issued calling ......to 4.546 acres of land but not in respect of 1.68 acres of land. It appears from the Annexures to affidavit-in-opposition filed by the Corporation that the Municipal Corporation was given delivery of possession as far back on 05.07.1986 (refer Annexure-5 to the affidavit-in-opposition of respondent ..Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
.... of 2004. 2. The facts, in short, are that the Respondent No.1 as the plaintiff filed before the Court of 1st Joint District Judge Narayangonj Title Suit No.70 of 2004 for declaration of Title and recovery of Keash Possession in respect of the suit land, contending, inter alia, that the land of C......f on 1st Baisakh 1406 B.S. requested the defendant No.1 to return his .10 acres of land but the defendant No.1 refused to surrender possession. Hence the suit for declaration of title and recovery of khas possession. 3. Defendant-petitioner contested the said suit by filing written statement deny...... used to reside with their husbands and they did not get any saham in plot no. 325 out of .61 acres, i.e. eastern portion of land was possessed by the plaintiff and the western portion thereof are in possession of the defendant No.1. Defendant No. 12 out of his legal necessity, sold .10 acres of lan..Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the 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) 707.......the 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) 707....... Humayun, Nurul Huq and Selim and consideration money was fixed TK.75,000.00 and it was also settled that the plaintiff gave TK.50,000.00 to the defendant No.1 as baina and the defendant will deliver possession of the suit land in favour of the plaintiff and the persons present in the sitting expres..Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
.... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651.......Ali and subsequently executed a registered kabala dated 3rd Falgoon, 1323 B.S. for entire jote in favour of said Safar Ali who in turn sold 12 gondas of land to Asmat Ali and while Asmat Ali was in possession of 12 gondas of land sold 4 gondas to Abbas Ali and remaining 8 gondas of land which is t..Category: Property Law | Date: | Hits: 30
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84....... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84.......he petitioner and the petitioner had knowledge of the case from the very beginning. They further contended that after the ex-parte order was passed they started Execution case No. 114 of 1982 and got possession of the land under pre-emption through court. 3. Mr. Abdul Momen Chowdhury in suppor..Category: Property Law | Date: | Hits: 29
.... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......ading of material evidence on record and on misconstruction of the important documents in the C.S. Khatian Ext.1 which is mentioned as shashan, as such, the mere recording of the suit property as khas property is evidently wrong and without any foundation.
In view of the above, the submission...... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631...
Category: Property Law | Date: | Hits: 27
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453....... why the impugned letter dated 21-6-1999 (Annexure G to the petition) shall not be declared to have been made without any lawful authority and why the respondents shall not be directed to deliver the possession of 3 godowns belonging to former APC (Rally) Oil Mill located at Strand Road Chittagong u..Category: Property Law | Date: | Hits: 22
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