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Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......ncluding Jamina Khatoon who became the owner of the suit land along with other land measuring 8.12 acres of land according to legal shares. Jamina Khatoon daughter of late Abdul Majid became owner in possession of the suit land along with other land by amicable partition and while in possession Jami..Category: Property Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......ord and the impugned judgment and decree." 5. In a suit for partition usually some of the co-sharers hold excessive land than that of their actual share and the co-sharer who holds minimum land in possession comes before the Court with a suit for partition. 6. It is not unusual that at the tim..Category: Property Law | Date: | Hits: 31
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ...... a compromise decree through the Court on 14.7.64. Thereafter his name was mutated in the Record of right and he paid rent to the Government. He had a shop in the suit premises and some portion is in possession of the monthly rentals and defendant No.4 to 10 and 13 are his tenants at will. It is the..Category: Property Law | Date: | Hits: 36
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......ointly owned and possessed by two brothers, Samunder and Qalandar in equal shares, and the rest half belonged to Alamgir Khan, Muhammad Muzaffar Khan, the appellant, purchased 480 kanals of different khasras of the khata from said Alamgir Khan. No partition was ever effected. Co-sharers possessed in...... to Nishi Kanta Shome, Rebati Mohan Shome and Amrita Lal Shome. Then, one Golam Mowla purchased the said land from them by deed No. 5935 dated 27-08-51 and deed No.6755 dated 27-09-51 became owner in possession. Similarly, Ibrahim and his brother transferred their land to one Charu Bala. Thereafter,..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
.... Afia Khatun purchased the entire schedule property in auction; that Indramati Dasya filed Title Suit No.48 of 1953 in the Court of 6th Munsif, Dhaka for declaration of her title and interest and for recovery of khas possession of the ‘A’ schedule property against the auction purchaser Afia Khat...... purchased the entire schedule property in auction; that Indramati Dasya filed Title Suit No.48 of 1953 in the Court of 6th Munsif, Dhaka for declaration of her title and interest and for recovery of khas possession of the ‘A’ schedule property against the auction purchaser Afia Khatun and Gover......hased the entire schedule property in auction; that Indramati Dasya filed Title Suit No.48 of 1953 in the Court of 6th Munsif, Dhaka for declaration of her title and interest and for recovery of khas possession of the ‘A’ schedule property against the auction purchaser Afia Khatun and Government..Category: Property Law | Date: | Hits: 28
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......The property in question is the house No. 19/7 Block E’ Azam Road PS Mohammadpur, Dhaka. This property was enlisted in the ‘Ka’ list of the abandoned properties on 23-9-1986. Claiming title and possession in this property, the writ petitioner Wahidul Haque filed a case bearing No. 64/92 the 1s..Category: Property Law | Date: | Hits: 38
Ali Ashraf Mia Vs. Chairman, First Court of SettleÂment and others, 2006, 35 CLC (HCD)
..... 444 of 1984 before the First Court of learned Assistant Judge, Dhaka for declaration that the petitioner is the owner of the property in question and that the same is not Abandoned Property and for recovery of khas possession but the said suit was dismissed on 4-8-1987 by order No. 48. The said or......4 before the First Court of learned Assistant Judge, Dhaka for declaration that the petitioner is the owner of the property in question and that the same is not Abandoned Property and for recovery of khas possession but the said suit was dismissed on 4-8-1987 by order No. 48. The said order No. 48 a...... of contract. The said suit was ultimately decreed ex parte on 15-8-1983 and a sale deed was executed and registered through the court on 17-11-1983. The petitioner further contends that he was given possession of the said house through the court on 12-1-1984 and the Government allegedly excluded th..Category: Property Law | Date: | Hits: 39
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......f the pre-emptor; that the vendors are the sisters of pre-emptor who claimed separate saham of their land, being refused they exchanged their share with the pre-emptees and delivered their respective possession; that the vendors transferred 0.05 acre of land to their cousin Jobeda Bibi and rest 0.21..Category: Property Law | Date: | Hits: 23
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......laint were null and void, Collusive, inoperative and without jurisdiction. 3. The case of the plaintiffs, in short, is that Mohan Bashi Roy and Jashoda Sundari Roy being in ownership and possession of the suit land by virtue of gift entered into an agreement on 25-12Â-1975 with the pla..Category: Property Law | Date: | Hits: 32
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......ht was made in the year 1985 without having any legal basis", the learned District Judge observed. The learned District Judge however observed that the khatian could be used for collateral purpose of possession. These findings are not only inconsistent but also based upon misconception of law. The l..Category: Property Law | Date: | Hits: 68
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....en made for declaration of the title of the plaintiffs over the suit property; that the defenÂdants challenged the possession of the plaintiffs so without a regular suit for declaration of title and recovery/confirÂmation of possession in the disputed land the plaintiffs cannot challenge the legal......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ng, inter-alia, that the plaintiff’s suit is barred by limitation; bad for defect of parties and that they obtained the decree by fraud. It is the defendant's claim that the suit land was under the possession of Haji Sharif and Hanif and there was contract for sale of the same dated 26.11.1975 wit..Category: Property Law | Date: | Hits: 37
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480....... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......the said original owner, Mr. S Naseem Anwar left Bangladesh and, as such, the said building, was declared as abandoned property under Presidential Order No. 16 of 1972 and the Government obtained the possession, control and management of the said building and directed the said petitioner to pay rent..Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......cquire any title over the plots of suit land. Thus, it clearly appears to us that the plaintiff as lessee shall have acquired no title over the suit land. 25. Standard Form of short term lease for khas lands for nonagricultural purposes speaks that rule 167 of Government Estates Manual, 1956 lays...... suit. 2. The appellant as plaintiff filed a suit being Title Suit No. 21 of 2000 in the court of the SubÂordinate Judge, First Court, Sylhet for declaration that the plaintiff has interest and possession in the suit land being lease holder with a prayer for permanent injunction against the de..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......that the case is barred by limitation and bad for defect of parties. It has further been alleged that two brothers Abdul Gafur Munshi and Abdul Aziz on purchase of land from the case plot had been in possession and during rent roll operation the names of Abdul Aziz and others were recorded correctly..Category: Property Law | Date: | Hits: 37
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......received an amount of Taka 5,00,000 as earnest money; that the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), received an amount of Taka 15,00,000 on 23-2-1995 and thereafter handed over possession of the suit property in favour of the plaintiff-petitioner No. 1 Hamida Real Estate Const..
Category: Property Law | Date: | Hits: 34
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....efendants occupied more than their entitlement. But the defendants refused to make partition of the suit property. Thereafter, the plaintiff filed a suit for permanent injunction and a title suit for recovery of possession being Title Suit No. 19 of 1990 and 42 of 1992 which were dismissed against w......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......cupied more than their entitlement. But the defendants refused to make partition of the suit property. Thereafter, the plaintiff filed a suit for permanent injunction and a title suit for recovery of possession being Title Suit No. 19 of 1990 and 42 of 1992 which were dismissed against which the pla..Category: Property Law | Date: | Hits: 40
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......sessed by the succesÂsive heirs of Nazimuddin Sarder and other recorded tenants and those heirs have been made defendants in the presÂent suit; that the plaintiff having felt difÂficulty in ejmali possession, asked the defendants for partition of his share but the defendant No.1 refused to partit..Category: Property Law | Date: | Hits: 28
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......that the plaintiff became surprised and after obtaining certified copy of the said deed on 23-6- 986 came to know about such fraudulent deed; that the plaintiff did never execute the deed and deliver possession in favour of defendant on receiving Holy Quran. Hence, the Suit. 4. The defendant ..Category: Property Law | Date: | Hits: 26
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......for the petitioner thereafter served a Notice of Demand for Justice to the responÂdents to publish a Gazette notification declaring abatement of LA Case No. 34 of 1993-1994 in respect of the land in possession of the petitioners but the respondent No. 2 by his letter dated 24-4Â1996 refused to do ..Category: Property Law | Date: | Hits: 57
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