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Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....g the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described in schedule Kha of the plaint on the averments that ....... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ...... 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described in schedule Kha of the plaint on the averments that .21 acres of l..Category: Property Law | Date: | Hits: 25
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......4.1969 from contiguous southern plot No.12754 and has been enjoying the same. Later on by amicable partition dated 23, 11.1987 said mother of the petitioner gave 17 decimals of land to him and the possession was also delivered to him. He, being the absolute owner of the said land contiguous sout..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......hereafter, Bishnapada Bachhar sold 2.16 acres of land by a kabala deed dated 03.05.1945 in favour of the plaintiff. Out of those land 3.30 acres of land is the suit land. The plaintiff has been in possession in the suit land for more than 12 years. The share of Shashadhar Bachhar and others..Category: Property Law | Date: | Hits: 22
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....redecessor of respondent Nos.1-3 Md. Moslemuddin instituted a suit being Title Suit No. 20 of 1989 in the Court of the learned Senior Assistant Judge, Mithapukur, Rangpur for partition and for recovery of khas possession in respect of the portion of the suit land. 3. The plaint case i......sor of respondent Nos.1-3 Md. Moslemuddin instituted a suit being Title Suit No. 20 of 1989 in the Court of the learned Senior Assistant Judge, Mithapukur, Rangpur for partition and for recovery of khas possession in respect of the portion of the suit land. 3. The plaint case is that the l......f respondent Nos.1-3 Md. Moslemuddin instituted a suit being Title Suit No. 20 of 1989 in the Court of the learned Senior Assistant Judge, Mithapukur, Rangpur for partition and for recovery of khas possession in respect of the portion of the suit land. 3. The plaint case is that the land ..Category: Property Law | Date: | Hits: 28
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ......ed leaving their full brother Girish Chandra Datta as legal heir who mutated his name in 16 annas share vide Misc. Case No.879 of 1982-83 and thereafter he paid rents to the Government and while in possession transferred .24 decimals of land of plot No.518 to plaintiff No.2 by registered kabala ..Category: Property Law | Date: | Hits: 26
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......ized Bank duly received the said cheque and RAJUK intimated the respondent No.1,vide Memo No.OB/DIT/1/1248 dated 03.12.1964 that the cheque had been encashed; the lease money was deposited and the possession of the allotted land was handed over to the respondent No.1 but RAJUK did not execute an..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......gment dated November 3, 1991 of the High Court Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the "khas list of the abandoned buildings without lawful authority and the same is of no legal effect an......idavit before the Magistrate, First Class, Dhaka on 14.7.1973, that Sahera Khatun gifted the property in presence of Amanullah Munsiff, Abdul Hashim and Md. Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22.10.1979 transferred the..Category: Property Law | Date: | Hits: 29
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......ntiff Nos.4 & 5 and Hamejuddin another executant of the kabuliat is plaintiff No.3. In this way plaintiffs and others acquired 13.14 acres of land out of the C.S. Khatian No.252 and they are in possession of the said land for more than 12 years. The further case of the plaintiffs is that Md. ..Category: Property Law | Date: | Hits: 28
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....evision No.1162 of 2002 discharging the Rule. 2. The plaintiffs instituted Title Suit No.77 of 1991 in the Court of Assistant Judge, 4th Additional Court, Dhaka for declaration of title and recovery of khas possession of the suit land as schedule of the plaint stating, inter alia, that t......162 of 2002 discharging the Rule. 2. The plaintiffs instituted Title Suit No.77 of 1991 in the Court of Assistant Judge, 4th Additional Court, Dhaka for declaration of title and recovery of khas possession of the suit land as schedule of the plaint stating, inter alia, that the land of C......of 2002 discharging the Rule. 2. The plaintiffs instituted Title Suit No.77 of 1991 in the Court of Assistant Judge, 4th Additional Court, Dhaka for declaration of title and recovery of khas possession of the suit land as schedule of the plaint stating, inter alia, that the land of C.S. K..Category: Property Law | Date: | Hits: 21
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... 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: 14 MLR (AD) (2009) 111. ...... 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: 14 MLR (AD) (2009) 111. ......f the High Court Division disposing First Miscellaneous Appeal No. 258 of 2005 along with the Civil Rule No.856 (P.M.) of 2005 with a direction to the parties to maintain status quo in respect of possession of the suit land till disposal of the Title Suit No.13 of 2005 pending in the Court of J..Category: Property Law | Date: | Hits: 27
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ...... filing a joint written statement stating, inter alia, that the land described in schedule E of the plaint was not included in the deed of 1970 and they were in possession of 20 decimals of land out of 60 decimals of land under schedule E of the plaint. After ..Category: Property Law | Date: | Hits: 21
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......Mujgunni Main Road and Commercial plots by the said of the said road. The compensation money was fully paid and accepted by the plaintiffs after complying with all legal formalities and thereafter possession of the acquired land was taken over fully by the respondent defendant No.1 the K.D.A. an..Category: Property Law | Date: | Hits: 26
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......discussed the evidence and believed that the plaintiffs have been able to prove their case. So, the trial Court decreed the suit for eviction of defendant Nos.1 and 2 from the suit property and for khas possession and also for permanent injunction. 5. Leave was granted to consider the......ent of 0.505 acre and that in presence of the parties the surveyor measured the land and demarcated 0.505 acre of land on 2.10.1961 and since then Mojibul Haque and after him the plaintiffs are in possession and enjoyment of the land in suit; that Mojibul Haque inducted tenants in the three huts..Category: Property Law | Date: | Hits: 23
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ...... applied for allotment of a plot in Johar-sahara residential project on 10.12.1991. Thereafter, at his request he was allotted an alternative Plot No. 281/C at Mohakhali D.O.H.S on 23.05.1993. Vacant possession was delivered and lease deed was executed on 10.06.1993. He applied for approval of the..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ...... land managed the case land to be acquired for setting up its industry by influencing the local administration. Although the case land is shown in paper to have been acquired by the Government and possession handed over to writ-respondent No.5 as the requiring body but in fact the writ petitione..Category: Property Law | Date: | Hits: 42
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ......rent suit against the tenant and the suit was decreed. In course of execution of the decree, the said land was sold in auction and the landlord the auction purchased the same and made the land khas. Thereafter Mozahar Mollah died leaving behind his two brothers, Abul Hossain and Rehan Uddin ......ctively. Golam Ali died unmarried leaving behind his sister, Asirunnessa as his heir and successor. Mukta Bibi also died leaving behind her daughter Asirunnessa as her heir while Asirunnessa was in possession of the property, the land was recorded in her name correctly. Asirunnessa died leav..Category: Property Law | Date: | Hits: 22
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ...... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ......tiff and Haji Abdur Raquib by way of kabala in favour of the predecessor of the contesting defendant, Haji Siddique Ali, and the said Siddique Ali after the purchase was in possession in the land and on his death, his heirs were enjoying the suit land. 3. Defendant..Category: Property Law | Date: | Hits: 29
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ......charging the Rule. 2. Short facts are that the disputed land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted to Abu Mohammad Ejahar Hossain on 26.10.1961 and possession was handed over on 03.11.1967. He possessed and a lease deed was also executed in his fa..Category: Property Law | Date: | Hits: 21
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... 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: V ADC (2008) 952. ...... 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: V ADC (2008) 952. ......a and Sree Sachindra Mohan and they sold 1.35 acres of land along with other land to Makbul Hossain, Habi Sheikh and Amiruddin by registered deeds dated 04.07.1950 and 24.07.1950 and delivered possession thereof. Mokbul Hossain, Habi Shaikh and Amir Uddin used to possess the suit land separa..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......that the suit land originally belonged to Nitai, Gopal, Nirmal, Ajit, Krishnapada and Subhadra Rani, who sold the suit properties infavour of Sita Nath and Profulla Bala in 1976, who obtained possession. The said Sita Nath and Profulla was husband and wife, who had no child theref..Category: Property Law | Date: | Hits: 26
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