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Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......188, Road No.2 at DOHS at Mohakhali in Dhaka in favour of the respondent No.1 and on 21.03.2005 also made a declaration on such oral gift, which was duly notarized. The present petitioner handed over possession of the flat to the respondent No.1 on the date of gift. Having accepted the gift, the..Category: Property Law | Date: | Hits: 26
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......d pay order the writ respondent No.1 paid off the dues of the writ respondent No.4 through treasury challan dated 14.09.1994 (Annexure-D (ii)). Thereafter the writ petitioner company upon getting the possession of the entire 1.00 acre of land situated at the back yard of the premises of the writ res..Category: Property Law | Date: | Hits: 33
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......hort are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the plaintiff by a saf kabala deed No. 37155 dated 11.06.1979 and handed over possession of the same in his favour. But suddenly on 28.08.1996, Alauddin Sarder, the father of the..Category: Property Law | Date: | Hits: 23
Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and others, 2009, 38 CLC (AD)
....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......he Nadabi deed is a forged one, that 0.1112 acres out of the suit-land was purchased by the plaintiff No.1 in his own name and the same was recorded in his name in the S.A. Record on the basis of his possession in the land and that the father of the defendants never raised any objection in that resp..Category: Property Law | Date: | Hits: 21
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......ssistant Judge, Sundargonj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who proposed to sell the said land the plaintiffs. On 15th April,..Category: Property Law | Date: | Hits: 17
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......tenants under khatian Nos. 22-31 of the landlords khatian No.21. The lands were accordingly recorded in the C.S. khatian in the names of the plaintiffs-predecessors and they exercised their title and possession over statutory period. Of the said tenants, Adam Pramanik died leaving the plaintiff No.1..Category: Property Law | Date: | Hits: 25
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
....a, impleading the present petitioner as defendants and respondent Nos.9-22 as other defendant and respondent No.23 as Proforma defendant, praying for declaration of title to the suit land and for recovery of Khas possession therein alleging, inter alia, that the suit plot No. 638 and 639 along...... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ...... present petitioner as defendants and respondent Nos.9-22 as other defendant and respondent No.23 as Proforma defendant, praying for declaration of title to the suit land and for recovery of Khas possession therein alleging, inter alia, that the suit plot No. 638 and 639 along with on non suit..Category: Property Law | Date: | Hits: 43
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......g fraud upon the Court by showing false report as to service of summons and on the basis of a forged karfa created in the name of a dead person. The plaintiff claimed the suit land by inheritance and possession thereon. 3. The defendant No.1 contested the suit by filing written statement deny..Category: Property Law | Date: | Hits: 21
....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
...... Governor of East Pakistan vide an allotment letter dated 7.6.61 and the lease Deed was registered between the governor of East Pakistan and the original allottee, namely, Imam Box on 18.8.62 who got possession of the building vide possession letter dated 22.8.62. After taking possession Imam Box ..
Category: Property Law | Date: | Hits: 21
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ...... Karimpur Mouza including 50 decimal of land in suit recorded previously in Khatian No.1 of Plot No.4237 under Jagatpur Mouza of the previously District Noakhali at present Feni and while as owner in khas leased out the same to one Nurul Huq Meah and Basirullah by registered kabuliyat dated 25.6.195......plaintiffs filed the above suit stating that Rani Harshamukhi Singha, land lady of Bhulua of the Pargan State under Touzi No.5, Noakhali Collectorate, police station Daganbhuiyan District-Feni was in possession of 168 decimal of land under Karimpur Mouza including 50 decimal of land in suit recorded..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ...... the Agriculture Department in the Dhaka Gazette on 30th November, 1961 declaring the lands detailed in the schedule of the said Notification, which includes the schedule land of the petitioner, as khas waste land situated at different Mouzas of the then greater Rajshahi District as protected fore......has been described as 'Pukur par' (bank of the pond) and hence the suit land are not forest or waste land and that the record of right though not document of title but it is rebuttable evidence as to possession which proceeds to show title in the land and that the Government by accepting rents has a..Category: Property Law | Date: | Hits: 21
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......he Court of Senior Assistant Judge, Sundargonj, Gaibandha, for partition. The case of the plaintiff in short is that Prem Chand Roy, Ram Chandra Roy and Charu Chandra Roy were C.S. recorded owners in possession of the suit property. They gave pattan of the said property to Sakhawat Ali and Babor Ali..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....rived at a correct decision. 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) 330. ......rom different persons. The plaintiff had been in possession of the suit land and at the time of settlement operation, the suit second schedule land was wrongly recorded in favour of Government as khas land and defendant No.4 disclosed in the locality that he took lease of the land from governm...... In view of that he prayed for settlement of the suit land in favour of O.J. trust on 16th January, 2008 and the Ministry of Lands settled by Memo No. 41-15/80 dated 19th February, 1980 and delivered possession in favour of the O.J. Trust. Defendant No. 4 built a mosque by the side of the Mazar with..Category: Property Law | Date: | Hits: 25
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....vision No.1786 of 1999. 2. The respondent as plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that th......86 of 1999. 2. The respondent as plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that the defendant ...... 1999. 2. The respondent as plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that the defendant sold ..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....arrived at a correct decision. 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) 324. ......arrived at a correct decision. 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) 324. ......said agreement the sale deed was executed on 29th September, 1994 and the deed was registered on 22nd October, 1994 on payment of the balance consideration money. He being a co-sharer had been in possession of the land. 5. Upon consideration of the evidence on record, the learned Senior A..Category: Property Law | Date: | Hits: 26
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
.... of this petition, in brief, are that the petitioners instituted a suit being Title Suit No. 385 of 1988 in the Court of Subordinate Judge, Second Court, Dhaka, praying for declaration of title and recovery of khas possession of the suit land. 3. Defendant No. 1 contested the suit by fili......ition, in brief, are that the petitioners instituted a suit being Title Suit No. 385 of 1988 in the Court of Subordinate Judge, Second Court, Dhaka, praying for declaration of title and recovery of khas possession of the suit land. 3. Defendant No. 1 contested the suit by filing a written...... Dhaka, praying for declaration of title and recovery of khas possession of the suit land. 3. Defendant No. 1 contested the suit by filing a written statement denying the plaintiffs title, possession and also the contentions in respect of dispossession as alleged in the plaint. 4. ..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......daughter of Delwara Khatoon. Plaintiff is unmarried. Delwara Khatoon orally gifted .330 acres of land and tin shed house on 23.03.1972 to plaintiff. Plaintiff accepted gift and had been inducted into possession on gifted land. Delwara Khatoon being owner of rest .1367 acres of land and two houses br..Category: Property Law | Date: | Hits: 22
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....aintiff filed Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot No.243 and .17 acres in plot No.254 of Mouza Gobindapur, Police Station and District-Jhenaidah and for recovery of possession of .04 acre of land of plot No.243 and entire .17 acre of land of plot No.254......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......d Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot No.243 and .17 acres in plot No.254 of Mouza Gobindapur, Police Station and District-Jhenaidah and for recovery of possession of .04 acre of land of plot No.243 and entire .17 acre of land of plot No.254. 3. ..Category: Property Law | Date: | Hits: 20
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......and to Kazemuddin, the predecessor-in-interest of the plaintiffs. While the said predecessor of the plaintiffs was owner in possession of 4.95 acres of land and defendant No. 48 Nizamuddin was in possession of .20 decimals of land, the record-of-right being No. 1637 was prepared and published. T..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
....fering with the judgment of the earned District Judge. Since the petitioners are not claiming title through the judgment debtors, this judgment will no stand on the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. ...... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ...... Sub-registrar office on 19th October, 2005 for registration. Thereafter on 20th October, 2005 on the basis of an application of the auction purchaser the Executing Court issued writ of delivery of possession. 4. On 22nd November, 2005 the writ of delivery of possession was returned to the ..Category: Property Law | Date: | Hits: 28
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