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Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......oswar became weak and in 1970 when the information of the char land was complete and it became fit for cultivation government enquired into the matter and then treated the char land as government khas land and settled the char land amongst the landless peasants against D.C.R. and they further st......facts, in short, are that the plaintiff opposite parties instituted Title Suit No. 222 of 1994 in the 2nd Court of the learned Subordinate Judge, Bagerhat for declaration of the Title confirmation of possession and for permanent injunction against the petitioners and defendants opposite parties alle..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......k.1,80,00,000/- by a payment order on 18.11.1992 in respect of "Gha" schedule property and also requested defendant No.1 to execute and register the saf-kabala deed and to hand over the. possession of the same to the plaintiff and the plaintiff thereafter on 23.11.1992 made a request t..Category: Property Law | Date: | Hits: 42
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....d 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: 1 XP AD (2008) 155. ......d 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: 1 XP AD (2008) 155. ......ment of the balance amount of Tk. 20,000.00 by the plaintiff vendee to the vendor within 6(six) years the latter would execute and register the necessary sale deed. On the said date the delivery of possession of the demised land was made in favour of the plaintiff vendee and since then the plaint..Category: Property Law | Date: | Hits: 36
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....lan was sanctioned respondent No. 4 filed an objection to the RAJUK complaining that she had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased by the appellants, recovery of possession, cancellation of the power of attorney and cancellation of sale deeds in fav......lding Construction Act. 5. The learned Judge of the High Court Division held that since a suit is pending between respondent No. 4 and her two brothers for declaration of title, recovery of khas possession, cancellation of power of attorney and for cancellation of sale deeds the RAJU......ctioned respondent No. 4 filed an objection to the RAJUK complaining that she had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased by the appellants, recovery of possession, cancellation of the power of attorney and cancellation of sale deeds in favour of the a..Category: Property Law | Date: | Hits: 35
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....rnaments seized by the magistrate is a debt or not. The word 'debt' has not been defined any where in the Succession Act. It is found that the dictionary meaning of word 'debt' is an action for the recovery of specified sum of money alleged to be due from the other side or which is due from one p......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......fact that some of the ornaments were mortgaged to the deceased father as security for loan. In Stroud's Judicial Dictionary, Voliume-3, Fifth Edition, Page 1829 an owner included a mortgage in possession. On the debt of the appellant's father Aloke Nath Dey stepped into the shoes of the..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......re and Latifun Nessa in 4 annas share. Since before C.S. Record. Mohirun Nessa was in possession through exchange and her name was recorded correctly in C.S. Record. While Mohirunnessa was in possession as they registered on her, she died leaving behind her son Abul Hossain and husband..Category: Property Law | Date: | Hits: 33
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... enlisted as vested property. 3. The defendant Nos. 1 and 2 by joint written statement resisted the claim of the plaintiffs in respect of the settlement of the disputed property and the possession of the plaintiffs. They claim that the pattas are forged and fraudulent document. ..Category: Property Law | Date: | Hits: 82
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......laintiffs terminated the tenancy by serving notice under section 106 of the Transfer of Property Act effective from September 1994 and requested the defendants to hand over vacant possession of the premises but they failed. 3. The defendants contested the suit by fil..Category: Property Law | Date: | Hits: 23
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ...... 3. The defendant appellants by filing written statement contested the suit contending inter alia that the suit land was acquired in L.A. Case No. 13 of 1959-60 and Government took over possession of the same; that for acquisition the plaintiff respondent Abdul Hakim was given compens..Category: Property Law | Date: | Hits: 22
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....d that said Debendra Chandra Sharma had sold the Schedule 1(ka), 1(kha), and 3(ka) land to them and the plaintiff denied those sales that by the decision of the salishder, the defendants agreed to recovery the scheduled lands but the defendants subsequently refused to do so. Hence, the suit...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... and 1(kha) of the plaint he exchanged schedule 1(kha) property on 19.10.82 by registered kabala with that of the defendant No. 1's property mentioned in schedule 3 (ka) of the plaint and got possession in their respective exchanged properties. The defendant No. 1 purchased some lands in th..Category: Property Law | Date: | Hits: 27
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......der two different Pourashavas and the character of the land is also different one being a portion of the pond while the other is a bite land by the side of a canal and from being chunk of land possession of a small fraction was allegedly hand over without there being any actual measurem..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......overnment never took possession of the acquired lands and he purchased the suit land from the admitted owner by three registered kabalas dated 24.3.74 and 24. 12.77. Since then he has been in possession of the suit land and the Government was now contemplating to lease out the same inc..Category: Property Law | Date: | Hits: 20
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ...... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ...... the High Court Division in Second Appeal No. 205 of 1979 allowing the same. 2. Plaintiff-Respondent filed suit, Title Suit No. 151 of 1967, seeking declaration of title and confirmation of possession in respect of the land measuring 3.75 acres which he acquired in exchange of his propert..Category: Property Law | Date: | Hits: 29
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......Chandra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession thereof. 3. The Case of the plaintiff, in short, is that 30 decimals of......ra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession thereof. 3. The Case of the plaintiff, in short, is that 30 decimals of land..Category: Property Law | Date: | Hits: 26
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ...... any knowledge of the alleged bainapatra in favour of the plaintiff. The High Court division also held that both the trial court and the appellate court have concurrently found the plaintiff's possession in the suit land but such possession will not be of any help to the plaintiff in getting..Category: Property Law | Date: | Hits: 31
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......ted July 25, 1989 of the Court of Subordinate Judge, Patiya, Chittagong, in other suit No. 29 of 1986 decreeing the same. The plaintiffs filed the suit seeking declaration of title, confirmation of possession and further relief of permanent injection in respect of 8 kanis, 10 gandas and 2 karas ..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....uted 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: 1 ADC (2004) 310. ......uted 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: 1 ADC (2004) 310. ......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: 28
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ...... death the same devolved upon his heirs whose names appeared in the S. A records; the heirs of Yad Ali at different time transferred different quantum of land to various persons and delivered possession there of to them; Safar Ali purchased the suit land from the heirs of C. S. and S. ..Category: Property Law | Date: | Hits: 29
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....nt and decree dated may 30, 1989 of the Court of Assistant Judge, Sadar, Nature, in other Class Suit No.112 of 1979 dismissing the same. The Suit was filed seeking declaration of title in and recovery of possession of 41/2 decimals of land, shown in the sketch map attached to the plain......r of possession of 4½ decimals of land. The cases of the defendant was that his father allowed him to stay in the land in respect where of the decree for declaration of title and recovery of khas possession has been prayed by the plaintiff and he is possessing the land by erecting hut......ating that 45 decimals of land described in 'ka' schedule which comprises also the land of 'kha' schedule belonged to Yakub Ali and he sold the same to his son Ishaque on May 12, 1977 who while in possession of the land of 'ka' schedule sold the same to the plaintiff on December 1, 1977. Plainti..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......plot No. 3474. The Additional Deputy Commissioner (1.A) by an order Dated 13.9.92 recommended for release of 14.42 acres in L.A. Case 13 of 1959-60. The writ petitioners also claimed to be in possession of the land sought to be released. 3. The respondent appellants in their affidavi..Category: Property Law | Date: | Hits: 29
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