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Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......urchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he is a co-sharer in the kabala land that was executed on 26.3.58 w..Category: Property Law | Date: | Hits: 48
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......trict filed an application for being added as a party in order to oppose the grant of the probate taking the ground that the testator had no title to the land but his name was wrongly recorded in the khatian. The application was rejected as the Deputy Commissioner was not found to have got any "inte..Category: Property Law | Date: | Hits: 80
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......f the defendant, as the tenant under the plaintiff. It was concluded that the rent-receiving interest having been acquired the plaintiff ceased to have any interest in the disputed land. Exhibit 2 khatian has been recorded in the name of the defendants. Exhibit F is the report of the Advoca..Category: Property Law | Date: | Hits: 47
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......ds the main ground being that the pre-emptors are not contiguous land holders in respect of the entire land transferred. The 'land transferred' consists of seven plots all being recorded under one khatian. that is, Khatian No. 97 Mouza Sultanpur and the total area of these plots is 1.28 acres or..Category: Property Law | Date: | Hits: 66
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
.... stated that as she pays income tax, she submits Income Tax Returns in her own name showing the income and expenditure. The defendant in support of her claim produced a number of documents. In the mutation case prayer of the defendant for correcting the records relating to Ruplal House, wherein ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......of defendant No. 2 as Magura beel the plaintiffs filed the suit. 3. The Government's case is that the suit land is a fishery, locally known as Magura beel fishery and it was recorded in the khatian of the Deputy Commissioner under section 20(3) of the State Acquisition and Tenancy Act as ..Category: Property Law | Date: | Hits: 69
Category: Property Law | Date: | Hits: 54
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......revision a Division Bench of the High Court refused to interfere in the matter and approved the view taken by the Courts below. The disputed lands are in five different holdings recorded in different khatians and the plots are also not in one compact block but are close to each other in a zigzag way..Category: Property Law | Date: | Hits: 66
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......t were common to the decisions in both the cases, one in 32 DLR (AD) 54 and the other in 34 DLR (AD) 217. In the latter, the lands transferred consisted of seven plots, all recorded under a single khatian and the pre‑emptor's land was contiguous to two of those seven plots, but nevertheles..Category: Property Law | Date: | Hits: 72
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......d from the cross-examination of the pre‑emptor that Amalendu Dev purchased a portion of the case plot asserting at the same time that he was not a co‑sharer as his name is not in the RS khatian. Secondly, nor was any evidence led that he did not receive any notice of transfer or that..Category: Property Law | Date: | Hits: 85
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....c that he is a co sharer of the holding A co-sharer by purchase stands on his own right to pre-empt and his right to pre-empt is not dependent on his vendor or any other contingency, such as mutation of name in the landlord's Sherista. So a notice to the vendor of such a co-sharer pu......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background 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. ...... of CS Khatian No. 986 has been listed in SA Khatian No. 1151, that the finding of the trial Court as to pre-emptees of not being co-sharers on the ground that there was no mention of the SA khatian in the kabala (Exhibit 'Uma') in the name of the plaintiffs' father is not correct since th..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......ibed in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decision to..Category: Property Law | Date: | Hits: 51