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AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed....... 246 of 1986). Judgment: ATM Afzal J.- This appeal by the plaintiffs' following leave, arises out of a suit, Title Suit No. 432 of 1983, for ejectment of the defendant respondent, a monthly tenant, from the suit premises and is directed against the judgment and order dated 1st April, 1987 ..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ...... 3. The suit premises is a pucca one-storied building at Municipal holding No. 62, Hajee Abdul Majid Lane, PS Sutrapur, District Dhaka consisting of four rooms. The defendant-respondent is a tenant thereof since 1st May, 1956. There is no allegation that he was ever a defaulter. The suit f..Category: Property Law | Date: | Hits: 26
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......sion exceeded its revisional jurisdiction under section 25 of the Small Cause Courts Act III reversing the findings of fact arrived at by the trial Court which decreed the suit for eviction of the tenant- respondents. &n..Category: Property Law | Date: | Hits: 30
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......ated 9.10.79 and declaring further that the property, Holding No. 7 Wiseghat, shall remain as vested property under the management and control of the Government with the Present occupant as lessee/tenant until further orders. The appellants' case in the Writ petition was that they are citizens o..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ...... a considerable tract of waste land upon favorable terms as to rent to someone who undertook to bring it under cultivation. The grantee reclaimed portions and sublet portions to smaller reclaiming tenants, or perhaps sublet the whole, if he could find tenants to reclaim it." (Field's "..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......o. 5 which was inherited by his son and on his death it devolved upon Nur Hossain who sold it to the plaintiff by a registered kabala dated 1.9.1964 for Tk. 4000/-. The legal heirs of the recorded tenant in RS Khatian No. 7 transferred their interest to one Hafizur Rahman who sold it to the plai..Category: Civil Law | Date: | Hits: 99
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......roverting properly the findings of the trial court and again judgement of the sub-ordinate judge being set-aside by the high court confirming the findings of the trial court confirms the defendant as tenants under the plaintiff’s in respect of the premises and entitling the respondents getting evi..Category: Tenancy Law | Date: | Hits: 106
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....emedy as they could claim compensation-if their licences were cancelled arbitrarily and that writ jurisdiction of the High Court Division was not available to the petitioners for establishing their contractual right based on licence, the terms of which had excluded the principles of natural just......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......peacefully she transferred .065 lands to the appellant by a registered kabala for Tk. 50,000/- on 29th April 1981. 3. Since the purchase the appellant has been possessing the suit land through her tenant after raising dwelling hut and other structures thereon and has mutated her name. She has b..Category: Tenancy Law | Date: | Hits: 114
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......f limitation would be three years from the date of knowledge about the transfer. It is well-settled that Article 181 of the Limitation Act applies to an application under section 26F by a co-sharer tenant who has not been served with notice under section 26C and his application would be in time ..Category: Procedural Law | Date: | Hits: 92
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ...... plaintiffs having been found to be spurious by the trial court, the Subordinate Judge acted illegally in holding that in the absence of any evidence to the contrary it is presumed that Samad Ali Was tenant in respect of the suit property and his right continued Mr. Khandker upon placing the recital..Category: Property Law | Date: | Hits: 43
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......d subordinate Taluki interest at a court sale and brought the land under his khas possession. In 1350 B.S. he leased out the suit land to defendant No. 1 who had been in possession of the same as a tenant. 3. The trial Court dismissed the suit after finding that the plaintiffs had no right of..Category: Civil Law | Date: | Hits: 113
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......of the High Court Division Comilla on 11.1.83. 2. Plaintiff- respondent instituted Other Suit No. 3 of 1974 in the 1st court of Subordinate Judge Chittagong for recovery of arrear rents as monthly tenants in respect of the suit premises. The case of the plaintiff-respondent is that the appellants..Category: Tenancy Law | Date: | Hits: 112
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......te Judge, Chittagong for recovery of khas possession of the suit premises after rejecting the defendant- appellant and for compensation. Briefly slated, defendant-appellant who is a temporary monthly tenant in the suit premises at a rental of Tk. 1750/= was liable to ejectment as he became a habitua..Category: Tenancy Law | Date: | Hits: 109
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ...... 1882 (IV of 1882), S.106 When the tenancy itself which was created in favour of defendant No. 1 by the appellant's predecessor was terminated, a sub-lease in favour of defendant No. 2 by the tenant cannot be said to have subsisted. Since the basis of the right of defendant No. 2 to stay on ..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....todian no doubt but by the provision of P, O. No. 29 of 1972 this had vested in the Government. 27. In 1974 the non-resident could dispose of his property with the permission of the Committee. The contractual power of non-resident was not taken away. The only condition was that has to be done sub......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......dinate Judge, 2nd Court, and S.C.C. Judge, Sylhet for eviction of the defendant appellant on the ground of default and irregularity in payment of rent. Plaintiff’s case was that the defendant was a tenant in the suit premises since 1966 at a rental of Tk. 25/- per month. He defaulted in paying ren..Category: Property Law | Date: | Hits: 52
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally belonged to Radha Prasanna Biswas and others who took settlement of the land from the C.S. recorded tenant Nabin Chandra Mondal at a jama of Tk. 3/12/-anna in 1329 B. S. Radha Prasanna Biswas and ot..Category: Property Law | Date: | Hits: 44
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......presentations to the Government which refused to release the holding. On 18th June 1985 the holding was advertised for sale inviting tenders offers. The holding has been in possession of tenants including two old tenants namely, M/s. Mushraqui Traders Ltd. and M/S. Neptune Enterprise. ..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....ceding year would cause a default as to the payment of rent which would be violation of the terms of the lease warranting cancellation of it and since it was a lease between the parties the breach of contractual obligations would not attract the writ jurisdiction, thereby making a third case, which ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
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