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Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......owdhury "had no substantial debt to justify a Benami transaction for fear of any Marwari creditor", that in the background of dealing with the property of Ext.1 i.e. property of khatian Nos. 28 and 47, by Izzatullah Chowdhury by the Ext. A dated 13.1.1944 and dealing with the ..Category: Property Law | Date: | Hits: 67
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......ayment of rent and that during the last survey the land in suit instead of being recorded in the name of the plaintiffs or their predecessor was wrongly recorded in the name of the Government in khas khatian No.1 though Government has no right, title and possession in the land in suit and that as ..Category: Property Law | Date: | Hits: 42
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....ven in the writ petition. The allegation that the writ petitioners are joint owners of 17 decimals of land out of 1.25 acres of land of C.S. Plot No. 177 or otherwise in possession of the same upon mutation of their names and upon payment of rent and taxes and that they were illegally dispossess......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......laintiffs by force on 09.01.1992 and illegally entered into the suit land and constructed some kucha houses on the suit land. Plaintiff A.N.M. Obaidul Islam made a waqf of the land comprising of S.A. khatian No.197 and S.A. plot No.298/303 and he worked as Mutwlli of the said waqf Estate. Remaining ..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ...... leaving behind her two brothers Nuruddin and Fazlu Mia as her heirs. Fazlu died leaving Nuruddin as his only heir. In this way Nuruddin acquired title in respect of 1.10 acres of land in both the khatians. Out of those 1.10 acres of land government acquired .38 acres of land for Faridpur-Barisa..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of land. That on 29.02.1975 the plaintiffs for the first time came to know that out of the said land .07 acres was recorded in their names while the rest .02 acres was wrongly recorded in the khas khatian of the government. During the pendency of the suit defendant-respondent No.2 dispossessed ..Category: Property Law | Date: | Hits: 46
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ves in separate mess. 4. The trial Court on consideration of the evidence of the parties, both oral and documentary, arrived at the findings that the plaintiffs have filed C. S and S. A khatians and Government Dakhilas showing payment of rent upto 1389-90 B. S. that the plaintiff..Category: Property Law | Date: | Hits: 23
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......rchased some land out of suit jama from Devendra Nath. P. W. 4 who is said to be borgader of the plaintiff in the suit land stated that the defendant No.1 cultivated three bigha of land out of suit khatian which he obtained from one Devendra Nath. But we have already pointed out that it is n..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
.... and Public Works and another Vs. Shirely Anny Ansari reported in 52 DLR(AD) 180 wherein it has been held "The production of the original deed of gift by the donee and other documents such as mutation paper, municipal record would have indicate that the same has been acted upon. But neithe...... the plaintiff's father and as such claim of the plaintiff in respect of the land in suit is baseless, that the suit land has been recorded in the name of the Government in khas khatian No.1, that trial Court having had held that the plaintiff has failed to prove his title and..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......hy;ing the material averments made in the plaint and stating, inter alia, that the land in suit was never the land of the plaintiffs, that land measuring 66 decimals of plot No. 73 listed in S. A. khatian No. 2 went under water in 1335 B. S and that at the time of preparation of S.A. record the ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......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 Jairuddin surrendered his korfa tenancy by a Tstafanama' ..Category: Property Law | Date: | Hits: 35
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......ourt decreeing the suit. The case of the plaintiffs is that the suit land bearing C.S. Plot No. 490 was part of a river during the C.S. operation of 1318 B.S. and the land was recorded in the khas khatian of various landlords. The river having had silted up the landlords gave pattan of 2.50 acre..Category: Property Law | Date: | Hits: 34
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......efendant No.1 filed Title Suit No. 626 of 1975 in the Court of Munsif, by Bahar Ali upon obtaining settlement in Chuadanga, seeking declaration of Titles and for a further declaration that the S.A khatian as regard the land of the said suit (which is the subject matter of the Title Suit No. 30 o..Category: Property Law | Date: | Hits: 48