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Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....ppeal No.239 of 1987 was heard by the learned Subordinate Judge, Court No.2, Jessore who in his judgment and decree dated 30.10.1996 dismissed the appeal and decreed the suit in full and also granted recovery of khas possession by evicting katcha huts of defendant Nos.1, 6 and 7. 7. As against th......e Monirampur Upazila Munsif Adalat, Monirampur, Jessore impleading the predecessor of the petitioners and other respondents as defendants for declaration of title and confirmation of possession and khas possession in respect of the suit property. 3. The plaintiffs in the aforesaid Title Suit ......the Court of the Monirampur Upazila Munsif Adalat, Monirampur, Jessore impleading the predecessor of the petitioners and other respondents as defendants for declaration of title and confirmation of possession and khas possession in respect of the suit property. 3. The plaintiffs in the afores..Category: Property Law | Date: | Hits: 27
Mojibor and another Vs. Md. Nurul Islam 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) 467....... Title Suit No.4 of 1997. 2. The facts involved in the case, in short, are that the suit land originally belonged to Zamindars Babu Sunil Chandra Ghose, Kiron Chandra Ghose and others and while in khas possession through 3 pattans in 1351, 1352 and 1353 B.S. they gave the land under settlement to......e Suit No.4 of 1997. 2. The facts involved in the case, in short, are that the suit land originally belonged to Zamindars Babu Sunil Chandra Ghose, Kiron Chandra Ghose and others and while in khas possession through 3 pattans in 1351, 1352 and 1353 B.S. they gave the land under settlement to Shei..Category: Property Law | Date: | Hits: 91
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......leging, that holding No.2 of Joginagar, Dhaka originally belonged to one Krista Mohan Das having 8 annas share which he transferred to respondent-writ-petitioner by registered kabala with delivery of possession. While purchaser Abdur Rahman was in possession the same was recorded in his name during ..Category: Property Law | Date: | Hits: 24
Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)
....g to plot No.1350 settlement khatian No.123 under Baishgaon Mouja. Thereafter by filing an amendment petition dated 02.05.1999 the plaintiff petitioners added a prayer vide order dated 26.05.1999 for recovery of khas possession for 9½ decimals of the northern portion out of the said 2nd schedule as.......1350 settlement khatian No.123 under Baishgaon Mouja. Thereafter by filing an amendment petition dated 02.05.1999 the plaintiff petitioners added a prayer vide order dated 26.05.1999 for recovery of khas possession for 9½ decimals of the northern portion out of the said 2nd schedule as mentioned i...... settlement khatian No.123 under Baishgaon Mouja. Thereafter by filing an amendment petition dated 02.05.1999 the plaintiff petitioners added a prayer vide order dated 26.05.1999 for recovery of khas possession for 9½ decimals of the northern portion out of the said 2nd schedule as mentioned in the..Category: Property Law | Date: | Hits: 26
....05.
2. Material facts are that on 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of Senior Assistant Judge, Gazipur against defendants for declaration of title and recovery of khas possession in suit land.
3. In suit, on 20-09-2007 one Md. Shafiul Alam and fiv......aterial facts are that on 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of Senior Assistant Judge, Gazipur against defendants for declaration of title and recovery of khas possession in suit land.
3. In suit, on 20-09-2007 one Md. Shafiul Alam and five others sou......al facts are that on 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of Senior Assistant Judge, Gazipur against defendants for declaration of title and recovery of khas possession in suit land.
3. In suit, on 20-09-2007 one Md. Shafiul Alam and five others sought t..
Category: Property Law | Date: | Hits: 27
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......deposited against the de-requisition order dated 21-09-1964 in respect of Plot Nos. 353 and 364. 4. The case of the writ petitioner in Writ Petition No. 2201 of 2001 is that they are the owners in possession of the land being Plot Nos. 803, 805, 804, 806, 802, 351, 353, 368, 367, 807 and 808. The..Category: Property Law | Date: | Hits: 23
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ...... Khatun to succeed him. Subsequently, Nasua Khatun died leaving opposite parties Abu Taher Abdus Samad, Arora Khatun and Sufia Khatun as her heir and heiresses. The aforesaid owners being in rightful possession of the Case Land sold 22 decimals of land to pre-emptee petitioner Abdul Latif Bhuiyan la..Category: Property Law | Date: | Hits: 22
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....f facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in schedule to the plaint. The said s......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......at sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in schedule to the plaint. The said suit was renumbere..Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......n such petition in the said mutation case by defendant No. 2 are illegal and also for declaration of title in respect of the schedule property. The plaintiff is alleged to have acquired ownership and possession on the suit property by way of Heba-bil-ewaz deed dated 1-3-1986. It is asserted by the p..Category: Property Law | Date: | Hits: 21
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......n the same date she sold 21 decimals of land to Ohider Rahman and Abul Bashar and the remaining 69 decimals were transferred to her son Gura Mia and the sons of first wife of Torab Ali, and delivered possession thereof. The plaintiffs purchased land from the rightful owners, which have been detail..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......3) Md. Sekander Ali and (4) Md. Mustafa Kamal as joint lessees/tenants for a period of 99 years commencing from 1st of June 1981 under the terms and conditions stated therein and delivered physical possession of the said plot No. 61, (marked yellow on the map for visual identification) on 17-5-1..Category: Property Law | Date: | Hits: 44
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 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. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......hatian No.2 of the suit mouza; that the ex-landlord has given settlement of the suit land in favour of one Darkanath Dev and others but for arrears of rents ex-landlord has taken back the land in his khas possession from the aforesaid tenants. On 27.11.1951 B.S. the predecessor of the plaintiff name......n No.2 of the suit mouza; that the ex-landlord has given settlement of the suit land in favour of one Darkanath Dev and others but for arrears of rents ex-landlord has taken back the land in his khas possession from the aforesaid tenants. On 27.11.1951 B.S. the predecessor of the plaintiff namely Ka..Category: Property Law | Date: | Hits: 28
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ...... obstruction in the movement of the plaintiff-appellant. 3. The respondents No.1 and 2 filed a written objection against the application for mandatory injunction claiming that the plaintiff has no possession in the suit lands, that the respondents having faced with acute shortage of accommodation..Category: Property Law | Date: | Hits: 84
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......aimed that the Case is barred by limitation, the pre-emptee further alleged that Md Musab Khan transferred the Case land on 4-2-88 to the pre-emptees to the knowledge of the pre-emptors and delivered possession of the Case land in favour of the pre-emptees and that the pre-emptees erected ‘dochala..Category: Property Law | Date: | Hits: 31
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..Category: Property Law | Date: | Hits: 33
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......ian Loan sanction letter, rent receipts, tax receipts, electricity bills, etc. submitted by the petitioners in the annexures to the writ petition very well prove petitioners title and also continuous possession in the building in question. The learned Advocate has submitted that the petitioners buil..Category: Property Law | Date: | Hits: 18
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......as accordingly paid by the concerned office. 8. The voucher is Annexure 1 ‘A’ paper relating to deputation of two Magistrates 1st Class at the time of eviction and papers about delivery of possession after eviction are filed as Annexure 1 and 2. 9. Respondent No. 2 denied the alleg..Category: Property Law | Date: | Hits: 60
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....DLR (AD) 125 and 14 BLD (AD) 229. 14. With regard to the prayer for amendment of the plaint, he submits, the application was filed for addition of a prayer for a confirmation of possession and not recovery of possession. On the aforesaid statements of PW 1, the plaintiffs have no chance of succes...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......ere recorded in his name. The suit land measuring 0.39 acre was purchased by Kali Mohan Mukhopadhya on an auction sale held on 5-1- 1953. Said Kali Mohan Mukhopadhya obtained sale certificate and got possession of the land through Court on 18-4-1954. 4. While Kali Mohan was thus owner in possessi..Category: Property Law | Date: | Hits: 22
....ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......oral lease was extended for a further period of 3 years, the respondent No. 4 started non-cooperation with the petitioner No. 2 and tried, on several occasions, to disturb the petitioners’ peaceful possession of the house for which the petitioners’ had to file Title Suit a No. 193 of 1999 seekin..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. .......9 was possessing 0.8372 acre of land by virtue of agreement from the defendants. So, the trial Court dismissed the suit of the plaintiffs holding that the plaintiffs failed to prove right, title and possession in respect of 0.8372 acre of land of CS plot No. 371 and the defendants had been able to ..Category: Property Law | Date: | Hits: 61
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