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Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......fendant No. 2 who is father-in-law of defendant No. 1 removed the original kabala from the plaintiffs' custody and subsequently took various kabalas from defendant No. 1. The defendants had never any possession nor did they ever assert any act of possession upon the disputed homestead and tank and t..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......ganj Collectorarte on 1.8.35; that subsequently he was promoted to the post of Treasurer; that as his salary was inadequate for maintenance of his large family he applied for settlement of Government khas land to khas Mohal Department on 13.4.55 that he was found eligible for getting settlement of G......o pay the same and prayed for instalments which was allowed and he paid Rs.400/- and got a receipt thereof and he executed a kabuliyat in favour of the defendant on 4.7.55 which was duly accepted and possession of the land was delivered to him and rent-roll was prepared in his name; that as the prio..Category: Property Law | Date: | Hits: 36
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ...... filing a supplementary affidavit respondent No.1 stated that those residential plots have been allotted to different allottees long before the issuance of the Rule and most of those allottees are in possession of the same. It may be mentioned that admittedly vacant spaces earmarked for park, play g..Category: Property Law | Date: | Hits: 55
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......s father plaintiff came to suit land and constructed some shops and has been living there since 1990. The plaintiff gave a legal notice to his elder brother on 30.01.1998 and for this Ramzan Ali gave possession to plaintiff on 3 4¾ decimals of land. Thus the plaintiffs acquired possession of land m..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......ndant Nos.8-10), and the R.S. and S.A. khatians in the name of Mahesh Chandra Dhupi in exclusion of prasanna and his heirs were wrong and in spite of wrong records, the plaintiffs maintained ejmali possession of the eight annas share of the disputed jamas, but as the defendants denied their title..Category: Property Law | Date: | Hits: 27
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604....... the petition alleging, inter alia, that the case is not maintainable and it is bad for defect parties. The vendor sold the land to them by registered kabala dated 31st January, 1998, and delivered possession to them on the same date. The pre-emptors are not co-sharers in the disputed holding be..Category: Property Law | Date: | Hits: 22
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......nst the plaintiffs and served notice on 11.03.1989 and directed them to vacate their shops by 18.03.1989 and that the shops have been standing on the lands belonging to the K.D.D.B. not on Government khas lands; that if they are evicted forcibly from their shops they will suffer irreparable loss and......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598...Category: Property Law | Date: | Hits: 31
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......on Sen Gupta was the original owner of the suit pond, who left this country during the riot in 1947 and he never returned back. Under such circumstances, the suit pond vested in the Government as khas lands and accordingly it was recorded in M.R.R. khatian No.1 in accordance with law. The plai......elow without considering those aspects of the matter dismissed the suit. Learned counsel further contended that the Courts below committed error of law in failing to consider that the plaintiff is in possession of the suit property since 1954 and thus, it acquired a right by prescription in the sa..Category: Property Law | Date: | Hits: 26
....o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......e land of lot No.4 the C.S. plot No.98 was recorded in the name of Sreeup and Sreedhar and Thakur Das got .11 acre of land in plot No.100 and after the death of Sreeup and Sreedhar their heirs are in possession of the same and they are necessary party in the suit land after the death of Goyanada her..
Category: Property Law | Date: | Hits: 58
Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)
....gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ......gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ......sequently transferred to the Munsif Court of Sreepur Upazila and was renumbered as Title Suit No.425 of 1983 against Bangladesh and others. The suit was for declaration of title and confirmation of possession alleging that the land measuring 3.31 acres of D.S. Khatian Nos.687, 589, 10003, 678 of..Category: Property Law | Date: | Hits: 28
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....Bhuban Mohan Ghose as plaintiff filed a suit being Title Suit No.1537 of 1929 against the vendor Elahi Box Driver and 3 others in the 3rd Court of Munsif, Dhaka praying for declaration of title and recovery of khas possession of the suit land the plaintiffs case was that the defendants sold to him...... Ghose as plaintiff filed a suit being Title Suit No.1537 of 1929 against the vendor Elahi Box Driver and 3 others in the 3rd Court of Munsif, Dhaka praying for declaration of title and recovery of khas possession of the suit land the plaintiffs case was that the defendants sold to him on 19th Ash......nt under the said Debutter property he transferred his land in C.S. plot Nos.94 and 95 in 1963 to one Faikuzzaman and handed over the possession. Thereafter, the said Mamnoor Rashid handed over the possession of case land i.e. C.S. plot No.65 to the Managing Shebayet. Thereafter in 1964 the said F..Category: Property Law | Date: | Hits: 23
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r, Hajera Bibi and her son, filed a suit being the Title Suit No.33 of 2000 in the Court of Assistant Judge, Third Court, Dhaka, praying for a decree for declaration of his title in the suit-land and recovery of the khas possession, contending, inter alia, that the suit land originally belonged to......nd her son, filed a suit being the Title Suit No.33 of 2000 in the Court of Assistant Judge, Third Court, Dhaka, praying for a decree for declaration of his title in the suit-land and recovery of the khas possession, contending, inter alia, that the suit land originally belonged to late Purna Chan......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...Category: Property Law | Date: | Hits: 21
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......ughter and defendant-opposite party No.2 being his sister in equal shares according to Mohammadan Law. While defendant-opposite party No. 2 i.e. the sister of Akhtaruzzaman was continuing as owner in possession in respect of her 8 annas share of the schedule property plaintiff opposite party No.1 pu..Category: Property Law | Date: | Hits: 113
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......uestion the High Court Division committed an error in believing the agreement for sale as genuine one. He further submitted that in view of the admitted fact that the agreement was all along in the possession of the plaintiff, the High Court Division committed error of law in not holding that th..Category: Property Law | Date: | Hits: 23
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
.... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... the plaintiffs' case were that the suit land along with other lands originally belonged to Rash Behari Nandi Chowdhury and his other co-shares in their maliki right and while they were in peaceful possession of the same they settled the suit land and other lands to Shahar Ullah and four others ..Category: Property Law | Date: | Hits: 28
Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)
.... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510....... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510.......ving Ashob Ali as son and Hazera Bibi as daughter who then sold the suit land measuring .15 decimals of land to the plaintiff by registered deeds dated 19.03.1980 and 21.03.1980 and inducted him into possession of the suit land. But the S.A. Khatian in respect of the suit land, inadvertently, was no..Category: Property Law | Date: | Hits: 45
Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)
....udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......ed Counsel, appearing for the petitioners submitted that the High Court Division failed to consider that the suit was filed alleging possession in the suit land through Court hence the decree for khas possession without alleging dispossession is a mistake of law occasioning failure of justice....... in short, are that the suit property belonged to Bidya Nath Kunda and the said property was put to auction for arrear of rent in Certificate Case No.7(S) 60-61 on 25th July, 1962 and thereafter took possession through Court on 10th March, 1965 and the auction purchaser plaintiff and defendant No...Category: Property Law | Date: | Hits: 23
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......that the plaintiffs have no cause of action in filing the suit and they have also no locus standi to file the suit and that the suit is also not maintainable as the plaintiffs have no ownership and possession in the suit land. The defendants further contended that Bonobihari Ghosh was the origin..Category: Property Law | Date: | Hits: 29
....learned Subordinate Judge, 3rd Court, Chittagong.
2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of possession upon declaration of title over 1.91 acres of land and for recovery of khas possession after eviction and also for permanent injunction restraining the def......rdinate Judge, 3rd Court, Chittagong.
2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of possession upon declaration of title over 1.91 acres of land and for recovery of khas possession after eviction and also for permanent injunction restraining the defendants from......nt Nos.21-24 as his legal heirs to inherit his properties including the suit land and that the defendant in particular defendant Nos.6 and 7 on 16.09.1994 threatened the plaintiffs to forcibly take possession of the suit land claiming ownership thereon through sale deed dated 01.01.1979, 03.01.197..
Category: Property Law | Date: | Hits: 38
Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)
....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484....... an area of 0236 ajutangsha originally belonged to one Kazim Khalifa, the C.S. recorded tenant. C.S. Khatian No. 14789 C.S. Plot No.264 was in his name. He transferred right, title and interest and possession of the suit property to one Amiruddin Ostagar who is the father of the plaintiff petition..Category: Property Law | Date: | Hits: 24
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