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Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... by them. 29. Mr. Rafiq-ul-Huq has however cited two cases, Penarth Dock Engineering Company Ltd. vs. Pounds, (1963) 1 Lloyd’s Rep. 359, in which the facts are that the plaintiff was a tenant in respect of a part of the dock premises at Penarth Dock. He agreed to sell a floating pon..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... and that neither he nor his vendor Md. Nasim ever ceased to possess occupy, supervise or manage the disputed building. Respondent No. 1 leased the disputed building to one. Md. Sayed as a monthly tenant on 15-4-74 While in possession Md. Sayed was dispossessed by 1 the Government and the disput..Category: Property Law | Date: | Hits: 89
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......e First Court of the Assistant Judge, Dhaka for ejectment of the respondents from the suit premises alleging, inter alia, that late Haji Badsha Miah, defendant’s predecessor was a monthly ejectable tenant under them at a rental of Taka 350.00 per month. Badsha Miah died on 30th Bhadra. 1393 BS and..Category: Property Law | Date: | Hits: 63
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......andra Roy and his mother Suhashini, were the owners of Municipal holding at Amlapara Ganguly Road within the town of Mymensingh described in the schedule to the plaint and the defendant was a monthly tenant under them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said po..Category: Tenancy Law | Date: | Hits: 88
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......he Transfer of Property Act as the same was not registered as required. 3. The deed of lease can be taken as a collateral evidence of the petitioner’s being a monthly ejectable tenant under the plaintiff-respondent. Therefore not much can be achieved by establishing this poin..Category: Property Law | Date: | Hits: 71
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......Acquisition and Tenancy Act the High Court Division held that publication of the compensation assessment-roll relating to a locality would have the effect of vesting a non-retainable property of a tenant irrespective of whether that property was specifically included in the compensation assessme..Category: Property Law | Date: | Hits: 90
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......2 of 1986 decreeing the suit shop room. 2. The plaintiff instituted the suit stating, inter alia, that Md. Ali Hossain Mia (since dead), predecessor of the present respondents, was a monthly tenant in respect of the suit shop room under him, on the basis of a tenancy agreement dated April 1..Category: Tenancy Law | Date: | Hits: 93
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......lip;….Respondents Judgment July 7, 1996. The Small Cause Courts Act, 1887 (IX of 1887) Section 25 Once it is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction o..Category: Property Law | Date: | Hits: 69
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......dents [In Civil Petition No. 579 of 1994] Judgment July 9, 1995. The State Acquisition and Tenancy Act, 1950, (XXVIII of 1951), Section 96 Pre-emptor was not a tenant of the case holding recorded in S.A. Khatian No. 185, whereas the respondents were co-sharer..Category: Property Law | Date: | Hits: 51
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......khtar Alam being dead, her heirs Narjesa Rahamatullah and others...............Respondents Judgment November 16, 1995. The Transfer of Property Act, 1882 (IV of 1882), Section 106 The tenant defendant’s denial of the landlord plaintiff’s title without any valid reason may operate..Category: Tenancy Law | Date: | Hits: 78
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......), predecessor of the present appellants and his son the appellant No. 2 A.B.M. Emdadul Huq as defendant Nos. 1 and 2 respectively for their ejectment from the suit, premises as the monthly ejectable tenant on the ground of default in the payment of monthly rent. The suit was decreed ex parte o..Category: Procedural Law | Date: | Hits: 83
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......tle in respect of the suit land by adverse possession against the defendants and others. 16. The Court of Appeal below also held that Exts. (4) & (5) the rent receipts showing Ramkumar as tenant for the year 1288 and 1289 Moghal Era are forged and fabricated and that non payment of the r..Category: Procedural Law | Date: | Hits: 112
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......decree and put the decree into execution in Rent Execution Case No. 177 of 1961 and purchased in auction 2.06 acres of land on 3.8.1961. 4. One Munsur Ahmed the father of the plaintiffs became tenant of Plot No. 114 of Khatian No. 95 under Serajul Hoque Muktair and by constructing structure h..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....ntiff was entitled to ask for damages and that in view of the letter of the plaintiff exhibit-Kha and exhibit-10, it is evident from the conduct of the parties that they understood the contractual obligation and as such the plaintiff was bound to comply with the conditions and there b......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that Abdur Rahim and Nur Ali jointly took pattan of 1 kani of land from CS recorded tenant Hamidunnessa by executing a registered kabulyat. The geneology as given by the plaintiff is a..Category: Property Law | Date: | Hits: 66
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......he firm of the plain tiff-respondent. He also denied to have received any notice under section 106 of the Transfer of Property Act terminating the tenancy so there was no relationship of landlord and tenant between the plaintiff and him. 4. The trial Court on consideration of evidence on..Category: Property Law | Date: | Hits: 54