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Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......02; that in the said S.C.C. suit the petitioners were impleaded as defendants with a prayer for their eviction from the suit premise alleging, inter alia, that the defendants were inducted as tenants in the suit premise by the plaintiffs on the basis of a deed of agreement dated 26.10.1988 ..Category: Property Law | Date: | Hits: 35
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ...... 4. The case was contested by the defendant Nos.1 and 2 by filing written statement denying the material averments made in the plaint and stating, inter alia, that Jairuddin was korfa tenant under Kuran Mondal in respect of the land of C.S khatian no.409 of Mouza Rajarampur, that J..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......l coming into force of the State Acquisition and Tenancy Act and also thereafter and moreover it is also evident from Exhibit-3 that the government has accepted the predecessor of the plaintiffs as tenant and received rent from him from 1956 up to 1981 and therefore, it cannot be said that the p..Category: Property Law | Date: | Hits: 27
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......134 of 1964. 2. Title Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 respectively. Admittedly the suit land measuring .17 a..Category: Property Law | Date: | Hits: 34
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ...... transfer of the above Plot No. 4, the authority concerned should give the petitioner preferable treatment and in the meantime the possession of the petitioner in the above plot No.4, through their tenant, should not also be disturbed till transfer of the same. With the above observations ..Category: Property Law | Date: | Hits: 41
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221....... declaration of title in his suit. 14. Now with regard to possession, we cannot shut our eyes to exhibit-Ka-5 dated 10.07.1986 and exhibit-'Dha' dated 03.10.1987 whereby Abdur Rab admitted to be a tenant under Habibullah. He made out a case that defendant No.5 obtained his signature by force on b..Category: Tenancy Law | Date: | Hits: 180
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......ff executed and registered the deed in question in favour of the defendant No.1. The further case is that it was settled between the parties that Wali Mia, son of the plaintiff would become a monthly tenant in the shop on the suit land under the defendant No.1 at a monthly rental of Tk.150/- and the..Category: Tenancy Law | Date: | Hits: 174
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......plaintiff instituted above suit stating, inter alia, that the suit shop was let out to the father of the (defendant No.1 on monthly rental basis and on his death the defendant petitioner, became a tenant at will who started doing his business in the suit premises paying monthly rent at the..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......direction to evict the present petitioner from the suit premises. 2. The relevant facts of the case are that the respondents as plaintiffs filed S.C.C. Suit No. 13 of 1996 for ejectment of monthly tenant from the suit premises alleging, inter alia, that the Salamat Mia Waqf Estate enrolled as E.C..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......were highly interested. The High Court Division also noticed the finding of the appellate Court that Hanif Sarker was not real settlement holder and that defendants did not take any step to prove the tenants' ledger to establish that the Amalnama in the name of Hanif Sarker is genuine, that evidence..Category: Property Law | Date: | Hits: 29
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......h the plaintiff’s Properties in West Bengal. The Deed of exchange was registered on March 2, 1967 after obtaining necessary permission from the proper authority. One Hrishikesh Moitra was a monthly tenant under the plaintiff’s predecessors in-interest and he left for Calcutta in 1965 and after h..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......e petitioner. 2. Respondents brought the aforesaid two suits against the petitioner for realisation o: arrear house rent of a certain premises on the allegation that the petitioner was a monthly tenant under the Respondents in respect o the said premises. The petitioner contested the two suits ..Category: Tenancy Law | Date: | Hits: 163
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ...... the Ijara kabuliyat. Ram Prosad Muchi continued even after this exchange, but controversy arose since then. 3. Respondent claimed that Ram Prosad Muchi continued in possession as a Dar-rayati tenant under Mohesh Chandra Saha paying rent to him regularly till April 1956 when on whole-sale acq..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....m the ratio of the decisions referred to above it is seen writ jurisdiction can be invoked in case of breach (a)the contract is entered into by the Government in the capacity as sovereign, (b)where contractual obligation sought to be enforced in writ jurisdiction arises out of statutory duty or so......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......sis. 9. The main object of the State Acquisition Act 1950 was to eloiminate all kinds of rent receiving interests and make the Government the sole landlord and create only one class of tenants, who would be styled as “maliks”, section 75 of the Act, which was enacted in 1..Category: Property Law | Date: | Hits: 34
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......death of 2 unmarried brothers shares of the said two brothers devolved upon the 3rd brother Rai Charan Howlader, who died leaving daughter Sukhada Sundari. Ganga Charan was the landlord and as the tenant Sukhada Sundari failed to pay rent, the landlord filed Rent Suit No. 1801 of 1952 in the 2nd..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ...... No.1 got the land in suit and thereupon mutated his name and paying rent and is possessing the land in assertion of title, that two rooms of the building were occupied by police personnel as monthly tenant of Harihar Das, that the said police personnel admitted ownership of Abdul Barek Bepari and..Category: Tenancy Law | Date: | Hits: 156
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......e Court, nor the plaintiff produced any rent receipt showing payment of rent to the ex-landlord, that no paper was brought on record to show that Bipin Chandra was recognised by ex-landlord as the tenant, that the subject matter of the suits filed by Bipin Chandra and the defendant No.2 and the ..Category: Property Law | Date: | Hits: 35
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......ndant No.1. In cross-examination he admitted that he knows Mr. Rezaur Rahman who personally came to their office and paid rents in respect of property of Zohura Khatoon (defendant No.1), the recorded tenant. PW 4 Nurul Islam, an Assistant Branch Manager of Jiban Bima Corporation of Agrabad, Chittago..Category: Property Law | Date: | Hits: 50
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... the property of Mowlana Abdur Rashid Waqf Estate and to over possession of the property to the official Mutawalli of the Waqf Estate. 2. Facts, in short, that the writ-petitioners are the monthly tenants of the Waqf Estate on the basis of the written agreement in the respective shops which are s..Category: Trust/Waqf Law | Date: | Hits: 228
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