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Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......ract. The said suit was decreed on 29.04.1958 and necessary sale deed was obtained through Court on 17.01.1959. The further case is that plaintiff let out the premises to defendant No. 1 as a monthly tenant, at a monthly rental of Tk. 15/- but the defendant discontinued to pay rent. The plaintiff th..Category: Tenancy Law | Date: | Hits: 141
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......d stating, amongst others, that C.S. Plot No.1009 comprises 60 decimals of land and out of that 9 decimals of land were acquired some time in 1920 and the rest was owned and possessed by the recorded tenants namely, Sobhan Matbar and Nazar Bibi in equal share, that Nazar Bibi and her son sold .08 ac..Category: Property Law | Date: | Hits: 31
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......the miscellaneous cases were registered. It was the case of the landlord that the miscellaneous cases were barred under section 19(1) of the Ordinance, that the property wherein the petitioner is a tenant is a waqf property of the Waqf Estate created in 1916, that the lease deed in favour of the ..Category: Civil Law | Date: | Hits: 104
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......cer, Manikganj treating the suit property as Khas land, served a notice ordering for eviction of Girija Shaha, the plaintiff No. 2 and the father of proforma respondents 16-17 herein, who was monthly tenant under plaintiff No.1 and hence the suit. 3. The defendant Nos. 1-4, who are the respondent..Category: Tenancy Law | Date: | Hits: 147
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......rial Court was quite aware of the proposition of law laid down in the case reported in 31 DLR (AD) 195 that in case of accretion of land prior to the coming into operation of Part V of the Act the tenant to whose land there has been accretion would be the tenant or in other words would be the ow..Category: Property Law | Date: | Hits: 30
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......the case land; the appellants did not acquire any right title and interest therein; 1.54 acre of viti land of the above mentioned Plot No. 24 originally belonged to Ramlochan Randa, the C.S. recorded tenant, and during S. A. Operation Chandra. Sarker and his wife Mrinalini Sarker and since they left..Category: Property Law | Date: | Hits: 40
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ......ants who died leaving wife Masiran and two sons Ajmatullah and Tajmatullah and that Masiran died leaving her aforesaid two sons and that the predecessor of the plaintiffs Ali Mamud was a Korfa tenant under Ajmatullah and others and that Ali Mamud failed to pay rent and so surren..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......elationship of plaintiffs with Mansur Ali. The High Court Division considering the above aspect of the matter held that since there is no genealogy to connect the plaintiffs with the R.S. recorded tenant Mansur Ali and the lower appellate Court without any materials on record held that plaintiff..Category: Property Law | Date: | Hits: 29
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......ly belonged to one Mvi. Ershad Ali Chowdhury and others in their maliki right and one Kota Ullah was a joteder in respect of the suit property and other properties. Subsequently, Kota Ullah became tenant under the Government by operation of law and he sold 0.06 acre out of the Suit Plot No.1006 ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ...... of the same free from control and management of the Forest Department on the following allegations. 4. The suit land including the mango garden originally belonged to the C.S. recorded tenant, Ramani Kanta Sarkar, who planted the mango trees on the suit land. After his death, his thr..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......till shifting the same to his own place and in spite of the said commitment, the cunning plaintiffs procured the paid up electric bills from aforesaid Masuk Mia and claimed himself to be a monthly tenant under defendant Nos. 14 and 16 and thereupon filed Title Suit No. 135 of 1983 in the First C..Category: Property Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......on appointed the officer-in-charge of Motijheel Police Station as the Receiver of the said property by an order dated 20.11.1997 to maintain the law and order situation. Monowara Islam and her tenants filed several applications for staying the operation of the order dated 20.11.1997 in ..Category: Criminal Law | Date: | Hits: 32
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons 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: 12 BLC (AD) (2007) 65. ......he decree obtained by the first defendant against the third defendant and the sale in consequence thereof were fraudulent and collusive. The fact of the case, in short, was that the plaintiff was a tenant under the Biswaser and the Deys and he held tenancy under the first defendant. The first def..Category: Property Law | Date: | Hits: 31
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....ce the same does not suffer from error or infirmity calling for interferÂence by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......t and order dated June 14, 2005 of the 1st Court of Assistant Judge and S.C.C. Judge, Bogra in S.C.C. Suit No. 07 of 2002 decreeing the suit. 3. The suit was filed seeking ejectment of the monthly tenant i.e. the petitioner hereÂin and for recovery of rent due till disposÂal of the suit. 4. ..Category: Tenancy Law | Date: | Hits: 165
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
.... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ......d the suit by filing written statement contending, inter alia, that the suit land appertaining to C.S, Khatian No. 116 is under Khatian No. 117; Sarbananda Das and Matinath Das were the korfa tenants of the suit land and they having defaulted in paying the Rent Suit No. 3485 of 1940 was fi..Category: Property Law | Date: | Hits: 67
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....gland. (2) A discharge not in accordance with the proper law of the contract is not valid or effective in England. COMMENT: The proper law of the contract determines whether or not a contractual obligation has been validly discharged, e.g. whether or not an act on the part of the p......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......rit petitioners' mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14.11.1963. Their mother was possessing the property through a tenant named Sheikh Abul Hossain under a tenancy agreement dated 28.11.1963. On 05.05.1964 their m..Category: Property Law | Date: | Hits: 22
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......ition and hence the suit. 4. Defendant Nos 1-6 contested the suit by filing a joint written statement denying the material allegations of the plaint and contended, inter alia, that C.S. tenant, Latu Kha had no issue and he used to look after his khalato Bhai, i.e. cousin Rahmat Ali (p..Category: Property Law | Date: | Hits: 26
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ......accordingly. The property in 1st-1 was shown as her own property, while 1st-2 property was recorded showing under possession of Korfa tenants in Khatian Nos. 1538, 1550. One of the Korfa tenants Ibrahim Mollah surrendered his Korfa right to the original landlady Manjony Bewa ..Category: Property Law | Date: | Hits: 27
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......and fraudulent. The suit relates to 69 acres of land described in the schedule attached to the plaint. Plaintiffs filed the suit stating, inter alia, that their predecessors were the C.S. recorded tenants and that at the time of R.S. survey operation land claimed has been recorded partly in thei..Category: Property Law | Date: | Hits: 19