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Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......er situation compelled the writ petitioners' mother to keep the premises in question under lock and key and some unauthorised occupants claiming the premises in question as an abandoned property took possession thereof. The writ petitioners' mother applied to the prescribed authority, the SDO, Sadar..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ......
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ......89 of 1998.
Judgment
Afzal Hossain Ahmed
J.-
This Rule Nisi was issued calling upon the respondents to show cause as to why
the respondents should not be directed to handover the vacant possession of the
land and building at 2, K.P. Ghosh Street, Armanitola, Dhaka which housed the
ne..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......r Ansari, the respondent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the members of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Chi..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......the prescribed manner at the convenient places on or near the property so going to be acquired expressing the decision of the authority to acquire the property in question and the intention of taking possession thereof and also specifying that claim to compensation for all interest in the property g..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......rity and his order is binding on the government and hence the property is not abandoned property, the taking over of possession by government was not authorised by law and the plaintiff could recover khas possession. The suit is also not barred by limitation because the cause of auction for a suit f...................Respondents Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend hi..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
.... property stated proved.
The trial court further found that the plaintiffs of the earlier suit were not
in possession of the entire suit land and in the earlier suit they were
required to pray for recovery of possession and since on such prayer was made,
the decree as obtained by fraud. The tria...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......equently as vested property. It was further alleged that the
suit land was leased out to one Monir Hossain and others and subsequently the
suit land was leased out to defendant No.12 who was put in possession of 13.70
acres of land and has been possessing the same. This defendant also alleged
th..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......e defendant No.1 sold out 60 decimals of land to him on 25‑12‑1972 under a registered suf kabala in which the plaintiff had enjoyment of his right, title and interest. The defendant No.3 gave him possession in Plot No.1701 for 50 decimals and another 10 decimals in Plot No.1495. After about two ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ...... decree only on 19-1-1987. 3. The respondent Nos. 1-8 contested the suit filing written statement stating, inter alia, that the original owner Sudhanshu Kumar Acherjee being owner and in khas possession of the pond ultimately settled to Tazammel Huq Chowdhury on 12 Chaitra 1351 BS and h......ee only on 19-1-1987. 3. The respondent Nos. 1-8 contested the suit filing written statement stating, inter alia, that the original owner Sudhanshu Kumar Acherjee being owner and in khas possession of the pond ultimately settled to Tazammel Huq Chowdhury on 12 Chaitra 1351 BS and he bei..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... judge, Dhaka seeking declaration that the decree dated 15-6-1988. (Annexure-E) passed in Title Suit No.84 of 1988 and the deed of exchange dated 3-6-1989 were illegal inoperative and also sought for recovery of khas possession. The plaint of the suit was rejected on a contested hearing by judgment ......a seeking declaration that the decree dated 15-6-1988. (Annexure-E) passed in Title Suit No.84 of 1988 and the deed of exchange dated 3-6-1989 were illegal inoperative and also sought for recovery of khas possession. The plaint of the suit was rejected on a contested hearing by judgment and order da......Mouza, Tejgaon, Dhaka (ii) the Lease Deed No.4511 dated 9‑10-2002 (Annexure‑L), (iii) letter dated 26‑5‑2003 (Annexure‑N) issued by the office of respondent No.2 directing to hand over possession of the case land and (iv) the threatened dispossession of the petitioner by the responden..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......o auction purchase the suit property and the plaintiff fraudulently auction purchased the same in his own name and finally, at the intervention of the arbitrators he executed the kabala and delivered possession and thereupon, the defendant No.3 and delivered possession who mutated the Khatian in his..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ........................Opposite Party Judgment January 4, 2005. Result: The Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... earlier redeemed by repayment of the consideration a mortgagor acquires right to redemption on the expiry of the maximum period of seven years and if the mortgager does not voluntarily restore possession of the land to the mortgagor, the latter may file a suit for redemption within a period..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......s three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possession against defendants and others. Due to their inexperience and illiteracy the plaintiffs fa..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......lan approved by the Khulna Development Authority. The plaintiffs then issued a notice under section 106 of the Transfer of Property Act upon the tenant for termination of tenancy and to hand over the possession of the suit premises to the plaintiffs and thereby the tenancy was terminated. 3. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......itioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The petitioners obtained electric, WASA and gas connections and they have been in possession of their respective lands. The said land is part of 10 acres of land requisitioned in LA ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ...........................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: The Appeal is allowed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile a..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....whether her vendor Upendra Nath Barman executed the decree which he obtained in his Partition Suit. The title of the plaintiff in the suit land is mere paper title and that she inserted her claim for recovery of possession on 29‑9‑1984 by way of amendment of the plaint. It could not be said that...... plaintiff appellant also declaring the title of the plaintiff in the suit property directing the defendant No.1 to vacate the suit land by demolishing and removing structures and declaring also khas possession of the plaintiff in the suit land on eviction of the defendant No.1 as aforesaid. ......sion is a right in the de facto relation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship between a person: (a) some actual power over..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
.... trial Court decreed the suit declaring title of the plaintiff in the suit land and directed her to make an application for possession. 8. Accordingly, the plaintiff made an application for recovery of possession which was registered as Title Execution Case No.01 of 2003. By order dated 21......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......northern 36 decimals out of 76 decimals of land of CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plaint. 3. Plaint case, in short, is that being owner in possession one Gour Hari transferred entire 76 decimals of land of said plot No.274 to Juthisthir Da..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......a registered instrument of partition and consequent thereupon there was no separation of title of the recorded tenants of khatian No. 450 and as by amicable partition title is notseparated but only possession is separated and it being the case of the pre-emptees that there was a amicable part..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......as put into auction on 11‑12‑1945. Ismail Hossain Shah Fakir. Secretary Ullan Shah Committee, purchased the suit land in auction. The auction sale was confirmed on 13‑21946 and possession was delivered through court on 7‑6‑1946. The suit land appertaining to CS Kha..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
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