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Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......cres of land of R. S. Khatians 400 and 108 and 0.3188 acres was given to his wife Faki Bibi and defendants got their share by registered deeds No.75/46 and 75/47 and received their respective possession which shows that the partition was complete. Dr. M. Zahir then submits that a partition s..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....en learned Munsif, Shariatpur, impleading the respondents as defendants praying for declaration of title to the suit land and confirmation of possession therein and if found out of possession, then recovery of Khas possession in the suit land alleging, inter alia, that the suit land belonged to on......pendency of the suit, no amendment petition is necessary for deleting the prayer for confirmation of possession, and on the basis of the said prayer, as made in the plaint, a decree for recovery of khas possession should have been allowed by the Appellate Division. 11. Mr. Shaha next subm......stituted Title Suit No. 341 of 1982 in the court of the then learned Munsif, Shariatpur, impleading the respondents as defendants praying for declaration of title to the suit land and confirmation of possession therein and if found out of possession, then recovery of Khas possession in the suit la..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......in respect of an area of 3 kanis, two (2) gondas two (2) karas and two (2) krantees equivalent to 3.76 acres out of land of disputed Cadastral Survey Khatian Nos. 17 and 18,19, 20 and 21 along with khas khatian No. 1 and schedule of sale deed had shown that Cadastral Survey Khatian No. 17 meant fo......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....e Appellate Division set aside the judgments of the Courts below in part and sent back the suit on remand to the trial Court for allowing the plaintiff to amend his pleadings by adding the prayer for recovery of possession on payment of proper court fee with a direction that the trial Court shall de...... schedule lands and also declared the ex parte decree passed in Title Suit No.732 of 1962 as fraudulent, void and not binding upon the plaintiff. The trial Court also decreed the suit for recovery of khas possession of the suit lands on removal on the structures thereon. On appeal by the defendant, ...... measuring an area of 1.72 acres of land was sold in auction for arrear of rents. The plaintiff auction purchased the same on 22nd October, 1962 in 3 (three) certificate cases and got delivery of possession on 4th December, 1962. The record of right was however not prepared in the name of the pl..Category: Property Law | Date: | Hits: 20
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ...... CS Plot No.248 of CS khatian No.235 corresponding to SA Khatian No.406 of Mouza Chandana PS Joydebpur, District-Gazipur described in schedule 'A' of the plaint from Chaturi Tanti and got delivery of possession and by Mutation Case No.170/74-75 their names were mutated in SA Khatian No.406 in place ..Category: Property Law | Date: | Hits: 29
....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......said plots adjacent to the Ahasan Manzil monument.
3. In the premises, the government by letter dated 18th January, 1986, directed the Deputy Commissioner, Dhaka to take over and deliver the possession of the lands to the Dhaka City Corporation for construction of a Super Market thereon. ..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....nt Judge, Sadar, Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint. 3. Sho......dar, Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint. 3. Short fact of t......Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint. 3. Short fact of the pl..Category: Property Law | Date: | Hits: 18
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......07 passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Class Suit No. 346 of 2005 granting mandatory injunction directing the added defendant Nos.3 and 4 petitioners to deliver possession of Suit Shop No. 19 of Younusco City Center in favour of the proforma respondent Nos.2 an..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....pen to worshipper or other persons interested in the endowment to file suits for the protection of the debuttar. It is open to the deity also to file a suit through some person as the next friend for recovery of or for other relief. Such a next friend may not often be a person who as a prospective......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......tar Property and the appellants being not owners, Shebaits or next friend of the Deity have got no locus standi to contest the suit and prefer the appeal as they have no right, title and interest and possession in the suit land. He then submits that having regard to the facts that the C. S. Khatians..Category: Property Law | Date: | Hits: 29
....ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......) are entitled to a decree declaring their entitlement to get an offer from the defendants to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in possession.
3. The suit property originally belonged to the then Government of East Pakistan ..
Category: Property Law | Date: | Hits: 23
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......laintiff from the suit land. The plaintiff had withdrawn the suit as there were some formal defects in framing the suit and then instituted the instant suit for declaration of title and recovery of khas possession of the second schedule land. The defendant No. 1 contested the suit by filing writ......ered kabala dated 16.10.1960 and delivered possessing thereof. Ijjad Ali transferred the said 2nd schedule land on 06.12.1962 in favour of Abdul Latif the predecessor of the plaintiff and delivered possession but as he died before executing the kabala his heirs subsequently executed and registered..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......d and after proper assessment of the evidences on record came to its finding that the plaintiffs by producing the title deeds and Khatians as well as the oral evidences proved their case of title and possession and that in view of the settled principle of law that in exercising revisional power th..Category: Property Law | Date: | Hits: 37
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ...... No. 33 of Thak No. 3906 of Mouza Sandishail. The said schedule land was owned by Md. Kalim and possessed by Reza Mohammad and Md. Nazeem. By amicable partition Reza Mohammad became absolute owner in possession of land of Chak No.33 and after him, his successor-in-interest i.e. the plaintiffs and pr..Category: Property Law | Date: | Hits: 33
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......ne part and aforesaid original allottee on the other part, vide Annexure 'A'. The aforesaid deed of agreement contained many conditions and after allotment of the aforesaid building the delivery of possession of the building was handed over by the Government to the original allottee Syed Nazir Ahm..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......n Dewan on receipt of one volume of holy Quran made gift of 16th share in the property in Schedule 'A' of the plaint with other properties to the defendant No.1 and put the defendant No.1 in ejmali possession of the property. Since then the defendant No.1 has been in ejmali possession of the suit ..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......e absolute. 2. The facts, in short, are that the respondent's father Manzur Ahmed, a refugee from India was allotted a plot in Mohammadpur on 6.1.1960 by the then Government and was put into possession. He constructed two rooms and started living with his family members. After the emergence..Category: Property Law | Date: | Hits: 31
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......on purchased 2(ka) schedule land' of the plaint on 12.03.1924 in Execution Case No.480 of 1924 arising out of Rent Suit No. 705 of 1923 and obtained sale certificate on 18.05.1924 and got delivery of possession of said 2(ka) schedule land of the plaint on 15.06.1924. She also auction purchased 2(kha..Category: Property Law | Date: | Hits: 34
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
...... 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 of mouza Chandana P.S. Joydebpur, District-Gazipur described in schedule ‘A’ of the plaint from Chatori Tanti and got delivery of possession and by Mutation Case No. 170/74-75 their names were mutated in S.A. Khatian No.406 in Pla..
Category: Property Law | Date: | Hits: 43
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....o.139 of 1973 decreeing the suit. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Munsif, Khulna for declaration of title, recovery of possession of the suit land after demolishing the structures thereon and for mense......n ex parte decree. Achiya Khatun filed Title Suit No. 268 of 1958 in the same court for setting aside the said ex parte decree which was decreed on contest in favour of her. Achhiya Khatun while in khas possession transferred the suit land along with other lands by a kabala dated 9.6.1953 to the......3 decreeing the suit. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Munsif, Khulna for declaration of title, recovery of possession of the suit land after demolishing the structures thereon and for mense profit and ..Category: Property Law | Date: | Hits: 138
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ...... No. 1 having cast clouds over the long possession of the suit land of the petitioners and as such, the petitioners are apprehended to get the preferential relief in respect of lease hold of shrimp khas land as per principle of present Government, moreover the present petitioners are very w......e over the suit land as more fully described in the schedule of the plaint impleading the defendant Nos.1-6. The action of Rezaul Karim the present respondent No. 1 having cast clouds over the long possession of the suit land of the petitioners and as such, the petitioners are apprehended to get ..Category: Property Law | Date: | Hits: 88
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