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Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......a gift of the said property to her in Karachi on 20-6-70 on the occasion of her birthday and the said deed of gift was registered in Karachi on 23-6-70. The father of the writ petitioner delivered possession of the case property to her and she took actual physical possession of the case property..Category: Property Law | Date: | Hits: 42
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......rily rejecting the writ petition. 2. In the said writ petition the appellants prayed for a Rule Nisi upon the respondents to show cause as to why they shall not be directed to make over possession of the Moon Cinema Hall at 11, Wiseghat, Dhaka to the appellants pursuant to the Gazette..Category: Property Law | Date: | Hits: 39
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......om the Court of District Delegate Judge, Dhaka in Succession Certificate Case No. 365 of 1985; Md. Hanif, who drew pension money from the exchequer of the Government upto 31.8.81, was the owner in possession of a house situated at Plot No. 43, Road No.2, Block-B, Section-1, Mirpur Housing Estate..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......9.1993 and that on receipt of the advance money of Tk. 3,80,000/- out of the fixed consideration amount of Tk. 4,55,000/- the defendant No.1 after execution of the agreement for sale delivered the possession of the suit property to the plaintiff and it was agreed upon that on payment of the bala..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......ipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the suit land and from planting any plant in the suit land and/or from in any way disturbing possession of the plaintiffs in the suit land stating, inter alia, that on 04.05.1949 the Bhawal Cou..Category: Property Law | Date: | Hits: 42
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......f 1969 for specific performance of contract for the suit property snowing defendant No.2 as heir of Sarna Kumari and on the basis of the said bainapatra got an ex parte decree. The plaintiff was in possession of the suit properties through tenants and title of the plaintiff - Government to the p..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......he High Court Division made the Rule absolute by a common Judgment and order dated 9.7.1993 holding in so far as writ petition No. 648 of 1987 is concerned that the Government was not found in possession of the building in question and that inclusion of the same in 'ka' list was unautho..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......earned Subordinate Judge, Second Court, Dhaka on 21 April 1973. 2. The subject matter consists of rent receiving interest in different touzis, taluks and tenures in different shares and also khas lands of different kinds comprising two wakf estates, one wakf lillah created by the great gra......ing interests held under any wakf, debutter or other religious trusts, had been acquired under sub-section (I) of section 3 of the Act, but the provincial Government had not exercised the right of possession over such interest the mutawallis, shebaits or trustees, as the case may be, holding suc..Category: Property Law | Date: | Hits: 43
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ate appearing on behalf of the appellant submits that the said deed of Heba was created for the purpose to defeat the claim of pre-emption and the Heba deed was never acted upon inasmuch as no possession was handed over to the respondent No. 1. The learned Advocate further submits that sinc..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......f the aforesaid case was served upon them. They came to know about the agreement, suit and sale of the disputed land on 29.3.1983 for the first time and the pre-emptee appellant in the meantime got possession of the land and structure from Syed Amzad Hossain, the attorney holder. The pre-em..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... 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. ......ade 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: II ADC (2005) 360. ......d 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 N..Category: Property Law | Date: | Hits: 37
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ...... not parties to the said partition suit but their lands were included in the suit property which was sought to be partitioned, that the respondent (plaintiff of that suit) got no title or possession at all but his claim as to title by settlement was totally false, that he acted in collu..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......d from plot No. 329 and thereby became co-sharers of Sarala Bala Pal. Area of land in Plot No. 332 was 7 decimals, but about one decimal of land was covered up by a public road. While going to take possession they found 9 decimals of land out of 6 decimals of Plot No.332 had already been sold to ..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......dant respondents praying for a decree for specific performance of contract for sale and also for permanent injunction restraining principal defendants (Respondent Nos.1-3) from disturbing plaintiff's possession in the suit land or from transferring the suit land to anybody else by way of sale or o..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......lip;Respondents Judgment December 4, 1984. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 143A Section 143A is only concerned with the question of possession of the land. Question of title is beyond the scope of such a proceeding. The ma..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....l Land Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue paying estate for recovery of the arrear of revenue is governed The Bengal Land Revenue Sales Act, 1859 (Act No. XI o......t, 1885 (VIII of 1885), Section 22 (1) (2) In a case of merger, the landlord holds only the superior interest and can possess the land as a tenant but he has to pay rent for the land in his khas possession for use and occupation of the same. As provided in the Explanation, a pers......85 (VIII of 1885), Section 22 (1) (2) In a case of merger, the landlord holds only the superior interest and can possess the land as a tenant but he has to pay rent for the land in his khas possession for use and occupation of the same. As provided in the Explanation, a person ho..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......tion was filed on 4.2.82 no attempt was made, to stay the operation of the order of the High Court Division. In that context Mr. Rabbani cited 17 DLR 476. Be that as it may, the plaintiffs are in possession in pursuance of the execution of the sale-deed in question and the same had been regist..Category: Property Law | Date: | Hits: 25
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ...... by the learned Court of appeal below causing an error affecting the merit of the case and it cannot stand the scrutiny of law." Analysis of the evidence shows the plaintiff's possession of the suit land. The appellate court below considered the evidence of the plaintiff&rsq..Category: Property Law | Date: | Hits: 36
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....nant failed to pay rent thereof. By serving a notice under section 87 of the Bengal Tenancy Act, 1885 the landlord can enter into the land and take possession. The tenant, of course, has a right of recovery of the land by filing a suit within two years from the date of the notice. The la......n of the lower Appellate Court, as confirmed in second appeal by the High Court Division, that the holding in question was abandoned by its owner-tenant Priyabala and the Plaintiffs-landlords took khas-possession, thereof under section 87 of the Bengal Tenancy Act, is based on proper considerati......spondents Judgment March 24, 1985. The Bengal Tenancy Act, 1885 (Act No. VIII of 1885), section 87 The landlord is entitled to treat the land in possession of the tenant as abandoned when the tenant failed to pay rent thereof. By serving a noti..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......y restored the order of the trial court. The petition is therefore dismissed……….(8) Order obtained on 31-10-1984 from the Appellate Division by suppression of the real fact that by that time possession had already been taken after completion of the joint inventory, no contempt had been comm..Category: Property Law | Date: | Hits: 55
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