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Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

.... by way of a patta; Shailendra Das and plaintiff's story of set­tlement was forged and the defendants are in possession of the rest land and defen­dants filed Title Suit No. 103 of 1996 for recovery of possession of the suit land; the plaintiff created some papers in favour of Hasan Khatu......ted 16.10.79 executed and registered by Rosmoy Dutta, predecessor, in favour of defendant No.1, regarding the suit land is illegal, forged and not binding on the respondent and also for recovery of khas possession of the suit land. It appears that an Advocate com­missioner held a local inspec......suit land from them before the commencement of the State Acquisition and Tenancy Act and the plaintiff paid rents year to year to the said Mirashdars and obtained cheque forges thereof and being in possession of the suit land, the plaintiff constructed houses thereon though her bharatias on the b..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ...... who are the   petitioner and Respondent No.3 of the leave petition. The suit, was for a decree for permanent injunction restraining the said defendants from interfering with the peaceful possession of the plaintiffs of the suit land. 4. The facts relevant are that the plaintif..

Category: Property Law | Date: | Hits: 158

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Settlement Khatian No.2352. He remaining as the owner in possession in the said land, died leaving behind two sons namely, Rawsraj Banik and Ashwani Kumar ..

Category: Property Law | Date: | Hits: 99

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......fs confirmed that vide registered deed of gift dated 02.02.1971 and 29.04.1978 defendant No. 5 collusively created the deeds in respect of schedule 'Ka' and 'Kha' land. The defendants were never in possession of the suit land alone; Badruzzaman mortgaged land of R.S. Plot Nos. 10482/8692/8669/10..

Category: Property Law | Date: | Hits: 92

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ...... although Jongal was the owner of the eight annas share and Jongal used to possess the share by erecting houses and established some portion as burial ground, he transferred some land and delivered possession to defendants. Defendant No.18 established a Rice Mill in the plot and Khadem and Barik..

Category: Property Law | Date: | Hits: 90

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......owledge of plaintiff and defendant No.10.  Abdul Hakim Chowdhury also divided the properties amongst plaintiff and defendants by registered deed of settementnama dated 5.11.1968 and delivered possession of the same in order to avoid any future trouble within the knowledge and consent of th..

Category: Property Law | Date: | Hits: 97

Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)

....and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......s con­ducted, it was then found that the land on which she had her building constructed fell in the saham of Shahidul Islam. So to keep the building and the land on which it is standing in her possession by a deed of exchange dated 27.10.1984 she exchanged her 6 decimals land with 7.5 decima..

Category: Property Law | Date: | Hits: 87

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......of the 1st Additional Court of Assistant Judge, Chittagong, Sadar in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The suit w......e 1st Additional Court of Assistant Judge, Chittagong, Sadar in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The suit was fi..

Category: Property Law | Date: | Hits: 82

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....ere 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: VI ADC (2009) 942. ......ere 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: VI ADC (2009) 942. ......ewaz deed at Bogra in favour of the defendant No. 1 but having faced difficulty in registering the same at Bogra, Dr. Sadeq Ali registered the same at Rajshahi on 19.04.1977 and then delivered the possession of the gifted land to the defendant No.1 in lieu of Quran, Prayer mat and Tashbih and th..

Category: Property Law | Date: | Hits: 87

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......tisfaction the lessor namely RAJUK executed registered lease deeds for 99 years of the respective plots as mentioned in these writ petitions with the respondent petitioner and also handed over formal possession thereof. The fur­ther case of the writ petitioners is that they constructed houses as pe..

Category: Property Law | Date: | Hits: 79

Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)

.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the prop­erty in suit to the plaintiff upon removing all the obstacles therefrom ..

Category: Property Law | Date: | Hits: 100

Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)

....hat the respondents as plaintiffs instituted Title Suit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylhet against the petitioners as defendants praying for declaration of title, recovery of khas possession in 1st and 2nd schedule land and for confirma­tion of possession in......pondents as plaintiffs instituted Title Suit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylhet against the petitioners as defendants praying for declaration of title, recovery of khas possession in 1st and 2nd schedule land and for confirma­tion of possession in the 3rd sch......nts as plaintiffs instituted Title Suit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylhet against the petitioners as defendants praying for declaration of title, recovery of khas possession in 1st and 2nd schedule land and for confirma­tion of possession in the 3rd schedule..

Category: Property Law | Date: | Hits: 41

Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)

....ved 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: VI ADC (2009) 859. ......ved 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: VI ADC (2009) 859. ......d others by concealing the fact of sale of land to Imamuddin sold some land of the case holding to Abdul Haque Dovash. Meanwhile a number of transfers were held and different persons got title and possession in the case hold­ing. Abdul Haque Dovash by registered deed of wakf dated 12.3.1947 ..

Category: Property Law | Date: | Hits: 29

Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)

....shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ...... took Alauddin son of Ibrahim Bhuiyan as an adopted son. Thereafter Sadat Ali gifted the schedule properties to Alauddin by a registered Heba-Bil-Ewaz deed No.4477 dated 19.04.1960 and put him into possession. Subsequently he mutated his name vide mutation Case No. 183 of 1992-93 dated 11.01.1993..

Category: Property Law | Date: | Hits: 32

Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)

....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......2 and they live in houses constructed side by side and that the sale deeds were exe­cuted on 26.8.1982, 12.9.1982 and 21.12.1982 and roistered on 26.8.1982. 12.9.1982 and 22.12.1982 respectively and possession of case lands were deliv­ered accordingly. The opposite party No. 1 being away from home..

Category: Property Law | Date: | Hits: 33

Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)

....onsideration on the facts and evi­dences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......nancy against redemption of arrear rent, in favour of the plaintiff Nos.1 and 2 in the month of Agrahayan 1350 B.S. and they never came back to this country and that the plaintiff Nos.1 and 2 took khas possession of the land and have been enjoying usufructs there­from. The contesting defenda...... against redemption of arrear rent, in favour of the plaintiff Nos.1 and 2 in the month of Agrahayan 1350 B.S. and they never came back to this country and that the plaintiff Nos.1 and 2 took khas possession of the land and have been enjoying usufructs there­from. The contesting defendants m..

Category: Property Law | Date: | Hits: 38

Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)

.... rule. A Single Bench of the High Court Division thereafter heard and discharged the rule on the ground that the suit land was unspecified and the plaintiff being out of possession did not pray for recovery of possession. Hence this civil petition for leave to appeal by the petitioner. 6. ......ved al 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: VI ADC (2009) 823. ......n short, is that the land situated in Mouza No.75 Podua, pertain­ing Sabek Khatian No.74, Plot No.575 measuring 225 decimals of land origi­nally belonged to Abdul Hakim Bhuiyan. He while in possession sold 22 decimals of land to Kala Mia, father of the plaintiff, by executing a registere..

Category: Property Law | Date: | Hits: 30

Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)

....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......it land and mutated her name and also paid government rent etc. Jalal Uddin died on 3.2.1992 and Taklima Khatun died on 18.12.1993 leaving her only son, the plaintiff and the plaintiff has been in possession of the suit land by inheritance. To grab the suit land, respondent created false loan ca..

Category: Property Law | Date: | Hits: 53

Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)

....No.616 of 1969 was filed and the same was decreed on compromise in terms of the solehnama, that defendant No.3 earlier filed Title Suit No.199 of 1962 against the defendant No.1 and others seeking recovery of possession in respect of the land in suit but the same was dismissed for default. It wa......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......ed June 30, 1980 of the Court of Munsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit ..

Category: Property Law | Date: | Hits: 35

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ...... Acquisition and Tenancy Act, all rent receiving interest stood acquired and the tenants of any such rent receivers became "Malik" directly under the Government and all non-retainable khas land vested in the Government. In the case of Bangladesh V. Sree Sree Madan Gopa......mindary system to the revenue authority of the Government openly and publicly without any objection. During the recent Mahanagor Survey Operation the Revenue Authority found the writ-petitioners in possession of their respective case lands and accordingly the draft records of right was prepared ..

Category: Property Law | Date: | Hits: 67