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Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......o.3, having sold out the entire land to the defendant Nos.1 and 2 by kabala dated 18.4.1979 and the defendants Nos.1 and 2 possessing the suit land and the plaintiffs have got no right, title, and possession over the suit land. 3. The trial Court, after hearing, decreed the suit. On appea..Category: Property Law | Date: | Hits: 34
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....and also hit by section 42 of the Specific Relief Act. 4. The Assistant Judge by his judgment and decree dated 13.06.1993 decreed the suit in part and title to the plaintiff was declared and recovery of khas possession was decreed instead of confirmation of possession. 5. Against th...... by section 42 of the Specific Relief Act. 4. The Assistant Judge by his judgment and decree dated 13.06.1993 decreed the suit in part and title to the plaintiff was declared and recovery of khas possession was decreed instead of confirmation of possession. 5. Against the said judg......ecessor of the petitioners as plaintiffs instituted a Title Suit No.56 of 1991 in the court of the learned Assistant Judge Koyra against the respondent for declaration of title and confirmation of possession and permanent injunction on the allegation, inter alia, that the land measuring 1..Category: Property Law | Date: | Hits: 22
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......here cannot be any doubt as to the genuineness of the execution of the document by the plaintiff. The appellate Court below also affirmed the findings of the trial Court that the defendants are in possession of the suit land. The appellate Court below also found that the suit was not maintainabl..Category: Property Law | Date: | Hits: 34
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....respondent filed the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian No. 5, plot No. 202 of Mouza 171 Dagan Bhuiyan (Schedule-kha) and for recovery of possession thereof. It is the case of the plaintiff that Hamid Ali and Azhar Ali, two ......kitchen in the bhiti and has stored some bricks and other house building materials. One Azizul Haque is occupying a portion thereof as a tenant under the plaintiff, the remaining land being in the khas possession of the plaintiff. On 16-12-78 defendant No. 1, a son of Azhar Ali, in the absence o......iled the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian No. 5, plot No. 202 of Mouza 171 Dagan Bhuiyan (Schedule-kha) and for recovery of possession thereof. It is the case of the plaintiff that Hamid Ali and Azhar Ali, two brothers, by..Category: Property Law | Date: | Hits: 33
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ...... 6550 and 6551, was also prepared in their names; Krishan Kanta transferred his 30 decimals of land in favour of the plaintiff No.1 by a registered patta dated 9.6.1953 and also delivered possession and the plaintiff No.1 is possessing the said land by paying rents; Protap Chandra havi..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ......ot no right, title and possession over the suit land and the suit is not at all maintainable in its present form inasmuch as the suit land belonged to Abdul Monaf in his Maliki right under his khas possession and while the said Abdul Manaf owned and possessed the land in Maliki right by exe&......102/30 Abdul Taluk; that without local investigation the plaintiffs are not entitled to get any relief; that the plaintiffs, the proforma defendants or their predecessor have/had no right title and possession in the suit land, the plaintiffs and the proforma defendants in collusion with eac..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived 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) 416. ......rrived 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) 416. ......nsciously for well over 12 years adversely to the interest of all concerned on payment of rent to the Government and enjoying the usufructs and have thereby acquired a better title by adverse possession. But the defendant Nos.1 and 2 created a fraudulent and collusive power of attorney..Category: Property Law | Date: | Hits: 23
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......intainable in its present from and the plaintiff-petitioner's mother for necessity to maintain his family sold the suit property to the defendant-respondent by registered kabala and delivered possession of the same in the year, 1976. 4. The plaintiff-petitioner examined 3 witness..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....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) 406. ......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) 406. ......above property measuring 0.40 acres from its original recorded owner Abul Hossain and Hasen Ali by four registered kabalas dated 29.9.1978 and 30.9.1978 at a consideration of Tk.60,000/- and he got possession of the schedule property in the year 1976 and the purchased land being mostly ditches an..Category: Property Law | Date: | Hits: 50
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....5 of 2006 dismissing the same. 2. Short facts are that the plaintiffs instituted title Suit No. 86 of 1992 in the Court of Senior Assistant Judge, Savar, Dhaka for declaration of title, recovery of khas possession and for cancellation of deeds of schedule of the plaint stating, inter ......smissing the same. 2. Short facts are that the plaintiffs instituted title Suit No. 86 of 1992 in the Court of Senior Assistant Judge, Savar, Dhaka for declaration of title, recovery of khas possession and for cancellation of deeds of schedule of the plaint stating, inter alia, that ......ing the same. 2. Short facts are that the plaintiffs instituted title Suit No. 86 of 1992 in the Court of Senior Assistant Judge, Savar, Dhaka for declaration of title, recovery of khas possession and for cancellation of deeds of schedule of the plaint stating, inter alia, that the s..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. .......2004 vide Memo No. 236/1 for collecting tolls in the name of the Union Parishad for a period of six years with a yearly rental of Tk. 1,15,000.00 and after obtaining lease he was given delivery of possession vide Memo No. 237/2 dated 17.04.2004; that after the lease he duly paid lease money for..Category: Property Law | Date: | Hits: 25
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ......942 of 1973 and paid licence fees to the Railway for the year 1972-73 and he paid licence fee up to the year 1980 as a lessee under the Railway. Thereafter, the Government demanded the case land as khas land the writ petitioner prayed for lease of the land from the Government and they were grant...... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ..Category: Property Law | Date: | Hits: 26
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......ing, inter alia, that the suit land was under khatian No.817 Mahiruddin and others were tenant under Hemayetullah. The tenants became defaulter in paying rents, the owner brought the land under his khas khatian under the provision 48(Ga) of the B.T. Act and remained in possession thereof. Hemaye......and others were tenant under Hemayetullah. The tenants became defaulter in paying rents, the owner brought the land under his khas khatian under the provision 48(Ga) of the B.T. Act and remained in possession thereof. Hemayetullah subsequently granted pattan of the suit land along with some other..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....contending that he on 28.10.1977 transferred the suit land to defendant No.5 with condition of reconveyance and on same date the defendant No. 5 executed an Ekrarnama in his favour agreeing to recovery the suit land and the basis of said Ekraranama he on, 9.10.1991, got the order of redempt......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: VI ADC (2009) 373. ......erments that the suit land belonged to defendant No.1 petitioner who transferred the same to the defendant No.5, the respondent No.6 herein, by kabala dated 28.10.1977 and thus being owner in possession of the suit land the defendant No.5 transferred same to the plaintiff by kabala dated 19..Category: Property Law | Date: | Hits: 26
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......n favour of the appellant for the suit land within 60 days and in the aforesaid terms of the decree, the appellant filed Title Execution Case No.20 of 1986 for getting the sale deed registered and possession of the suit property through Court, after depositing the balance consideration money in ..Category: Property Law | Date: | Hits: 31
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......compromise decree passed in the said suit on 23-1-1968 and thereafter sold the present suit premise to the plaintiff-petitioner by a Saf-kabala deed dated 21-1-1974 and handed over peaceful vacant possession of the said properties to her and since then she is in possession of the same in exercis..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......would execute a sale deed after receipt of the balance consideration of Taka 2,000 on obtaining necessary permission required for the purpose of registration of a deed. Guru Doyal handed over possession of the suit property in favour of the plaintiff on the same day. Guru Doyal failed to ex..Category: Property Law | Date: | Hits: 22
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......nts, one being a bainapatra fully described in schedule 'Kha' and two kabala deeds as fully described in schedule 'Ga' to the plaint, are all illegal, collusive and not binding on them and also for khas possession of their saham alleging, inter alia, that their mother Abeda Khatun alias Waleda K......one being a bainapatra fully described in schedule 'Kha' and two kabala deeds as fully described in schedule 'Ga' to the plaint, are all illegal, collusive and not binding on them and also for khas possession of their saham alleging, inter alia, that their mother Abeda Khatun alias Waleda Khatun..Category: Property Law | Date: | Hits: 22
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....988 passed by a Single bench of the High Court Division in Second Appeal No.1077 of 1966 reversing those of the trial Court and the first appellate Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit ......y a Single bench of the High Court Division in Second Appeal No.1077 of 1966 reversing those of the trial Court and the first appellate Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece o......ingle bench of the High Court Division in Second Appeal No.1077 of 1966 reversing those of the trial Court and the first appellate Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece of lan..Category: Property Law | Date: | Hits: 36
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
.... for registration a deed of agreement for reconveyance of the property under sale (Ext. D) was executed by defendant No. 1 on stamp purchased by him on 19 October 1979 stipulating that he would recovery the property whenever he received back the consideration money. On 28 July 1980 defenda......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......also the oral evidence of the witnesses adduced by the parties. On consideration of the oral evidence the trial court found further that defendant Nos. 6 (ka) – 6 (uma) and defendant No.7 were in possession of the suit property by virtue of the aforesaid deeds of reconveyance and the deeds of sa..Category: Property Law | Date: | Hits: 66
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