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Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....gle Judge of the High Court Division to commit error in law which resulted in miscarriage of justice. He lastly submits that admittedly the suit is brought for the relief for declaration of title, recovery of khas possession against the defendant Nos.1-3 and for partition. No allegation against ...... the High Court Division to commit error in law which resulted in miscarriage of justice. He lastly submits that admittedly the suit is brought for the relief for declaration of title, recovery of khas possession against the defendant Nos.1-3 and for partition. No allegation against the kabala d......ars. The defendant Nos.1-3 sold out some portion of their share to the defendant Nos. 4, 5 and 6 Charubala, the widow of Harendra Nath sold out her entire share to the defendant No.7 and delivered possession. The defendant No. 8, Manindra has sold out 4½ decimals of land to the plaintiff ..Category: Property Law | Date: | Hits: 23
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......Civil Petition for Leave to Appeal No.1196 of 2003 dismissing the said petition. 2. The respondent Nos.1 to 5 as plaintiffs instituted Title Suit No. 86 of 1992 for declaration of title and khas possession which was renumbered as Title Suit No. 21 of 1994. 3. The plaintiff's case, i...... Petition for Leave to Appeal No.1196 of 2003 dismissing the said petition. 2. The respondent Nos.1 to 5 as plaintiffs instituted Title Suit No. 86 of 1992 for declaration of title and khas possession which was renumbered as Title Suit No. 21 of 1994. 3. The plaintiff's case, in sho..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....ed the plaintiff from the land described in schedule 'ka' and that threatened to dispossess the plaintiff from the land described in schedule 'Kha'. Hence the suit for declaration of title and for recovery of khas possession. 4. After the filing of the suit an application seeking inj...... dated March 9, 1996 of the Court of Senior Assistant Judge, Dagan-bhuiyan, Feni in Title Suit No. 84 of 1987 dismissing the same. 2. The suit was filed seeking declaration of title and for khas possession upon removing the structures in the land in suit. 3. The suit was filed aver......d March 9, 1996 of the Court of Senior Assistant Judge, Dagan-bhuiyan, Feni in Title Suit No. 84 of 1987 dismissing the same. 2. The suit was filed seeking declaration of title and for khas possession upon removing the structures in the land in suit. 3. The suit was filed averring ..Category: Property Law | Date: | Hits: 25
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......anuary 31, 2002 of the Court of Senior Assistant Judge Lohagara, Narail in Title Suit No. 38 of 1984 dismissing the same. 3. The suit was filed seeking declaration of title, confirmation of possession and for partition of the land described in the schedule attached to the plaint. 4..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......rn sold 0.47 acres of land in plot No. 557 to Ramjan Ali, predecessor-in-interest of defendant Nos. 3-8 and 0.67 acres of land in plot No. 794 to Hazrat Ali, Hasenuddin and Hikmat Ali and delivered possession. 3. Subsequent to the mortgage of the land to Trailankhya Mohan Rakshit, Ibrahim ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......vision in Civil Revision No. 4334 of 1998 discharging the Rule. 2. The short fact leading to the filing of the leave petition is that the suit land is originally recorded as Government khas land during the time of CS operation. The suit land was sold in auction for arrear of rent in ...... and got delivery of possession through Court. Upendra Lai Chowdhury by registered deed dated 22-9-1922 relinquished his claim in favour of Abala Sundari and Abala Sundari got delivery of possession on 31-5-1923. Prafulla Bala by registered kabala dated 22-9-1930 sold her share of land..Category: Property Law | Date: | Hits: 20
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere 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: 14 BLC (AD) (2009) 19. ......ere 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: 14 BLC (AD) (2009) 19. ...... case property on mutating her name and paying rent, electric bills, WASA bills, gas bills, ground tax etc. and her name has also been recorded in the recent Khatian and no notice for surrendering possession was ever issued by the Government to late Mr Abdus Salam or his heirs or to the petition..Category: Property Law | Date: | Hits: 29
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....Division and other connected papers. 6. It appears that previously the plaintiffs brought Title Suit No. 296 of 1956 in the Court of Assistant Judge, Pirojpur in respect of the suit land for recovery of khas possession and the pattan nama in the name of the defendants was challenged in th...... other connected papers. 6. It appears that previously the plaintiffs brought Title Suit No. 296 of 1956 in the Court of Assistant Judge, Pirojpur in respect of the suit land for recovery of khas possession and the pattan nama in the name of the defendants was challenged in the suit. The ......tian No. 395 to the plaintiff by registered kabala dated 24.05.1954. Although Kanchan Khan was entitled to get .68% acre of land in his 5 annas 10 gondas share. Since then the plaintiff has been in possession the suit land. The defendants claimed the suit land on 11.07.1996 on the basis of S.A. r..Category: Property Law | Date: | Hits: 24
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....efendant Nos. 1-4 having dispossessed him from the suit land the plaintiff instituted Title Suit No.194 of 1958 in the Court of 2nd Munsif, Moulvibazar against them for declaration of title and for recovery of possession which was decreed on contest and the above defendant Nos.1-4 then preferred ......Court Division which after hearing was dismissed; in pursuance of the said decree the plaintiff filed Title Execution Case No.11 of 1965 and in the above execution proceeding the plaintiff got khas possession of the suit land through court; thereafter while in peaceful possession of the sui....... 1-4 having dispossessed him from the suit land the plaintiff instituted Title Suit No.194 of 1958 in the Court of 2nd Munsif, Moulvibazar against them for declaration of title and for recovery of possession which was decreed on contest and the above defendant Nos.1-4 then preferred Title Appeal..Category: Property Law | Date: | Hits: 23
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....prayed for partition of his remaining portion, he was dispossessed from 11 decimals of land by defendant Nos. 16-20 who constructed pucca structure thereon and as such he also prayed for recovery of khas possession. 5. The defendant Nos. 16-18 contested the suit by filing writte......partition of his remaining portion, he was dispossessed from 11 decimals of land by defendant Nos. 16-20 who constructed pucca structure thereon and as such he also prayed for recovery of khas possession. 5. The defendant Nos. 16-18 contested the suit by filing written statement ......old out 90 decimals of land from C.S. Plot No. 1609, 1611 and 1624 of the schedule to the plaintiff and his sister-in-law Rahiman Nessa on 21.12.1953 being sale deed No. 23725 and delivered vacant possession to them on the same date and accordingly the father of the plaintiffs Dr. Moslemuddin ac..Category: Property Law | Date: | Hits: 28
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and othÂers, 2005, 34 CLC (AD)
.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......957-58 or under any other case or any other manner whatsoever and further directing the writ-Respondents to release the land of the writ-petitioners upon demarcating the same and to handover possession of the land within 4 months from the date of receipt of the copy of the judgment and in ..Category: Property Law | Date: | Hits: 56
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......ame was purchased by the manager of the landlord Sree Jugal Kishore Mazumdar on April 20, 1943 and the sale was confirmed on August 6, 1943, that auction purchaser Jugal Kishore Mazumdar took possession of the auction purchased property on behalf of the landlord, that the landlord sett..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
....espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ......espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ......lotted, that the allottees were allowed to obtain connection of utility services and they obtained connection of utility services i.e. gas, water, electricity etc. and that while allottees were in possession and enjoyment of the land so allotted they came to know that their allotments have been ..Category: Property Law | Date: | Hits: 27
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......atian No.32 belonged to Formani Bibi. The jote was sold in auction for arrears of rent in execution of decree obtained in rent suit and the ex-landlord auction purchased the land and made the same khas. The R.S. Khatian was correctly prepared in the name of the plaintiff. Thereafter the plaintif......he suit was duly served upon the Government. On 11.08.1980 Faktul Uddin Khondaker transferred the suit land to his brother's sons Fazlul Haque and others by a registered heba-bil-ewaj and delivered possession. 5. The learned Assistant Judge on consideration of the materials on record d..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)
....rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......eriod of 99 years by the then East Pakistan Government vide Memo No. 6515710-L (7)53 dated 23.4.1956 and it was registered vide lease deed No.5401 dated 5.5.1956. The writ petitioner took physical possession of the lease-hold property, paid premium and commenced construction of the factory build..Category: Property Law | Date: | Hits: 27
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....tituted Small Cause Court Suit No.1 of 1998 before the Senior Assistant Judge, First Court, Bogra impleading the petitioners and respondent Nos. 4-7 as defendants praying for a decree for recovery of khas possession upon evicting the defendants therefrom. The plaintiff asserted tha......l Cause Court Suit No.1 of 1998 before the Senior Assistant Judge, First Court, Bogra impleading the petitioners and respondent Nos. 4-7 as defendants praying for a decree for recovery of khas possession upon evicting the defendants therefrom. The plaintiff asserted that the defen......se Court Suit No.1 of 1998 before the Senior Assistant Judge, First Court, Bogra impleading the petitioners and respondent Nos. 4-7 as defendants praying for a decree for recovery of khas possession upon evicting the defendants therefrom. The plaintiff asserted that the defendants..Category: Property Law | Date: | Hits: 91
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......3 of the Court of Subordinate Judge (now Joint District Judge) passed in Other Class Suit No. 58 of 1989 decreeing the same. 3. The suit was filed seeking declaration of title and confirmation of possession in respect of the 'Ka' schedule land. 4. The plaintiffs claimed title in the land in ..Category: Property Law | Date: | Hits: 39
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....bility since the possession through Title Execution Case No. 10 of 1989 was delivered to the plaintiffs of Title Suit No. 42 of 1986 and as such in the absence of seeking consequential relief i.e. recovery of possession the suit was not maintainable. The appellate Court did not address itself to......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......ing the same. 2. The suit was filed seeking declaration that the preliminary decree dated July 18, 1988 and the final decree dated August 30, 1989 passed in Title Suit No.42 of 1986 and the possession of the partitioned land obtained through the Title Execution Case No. 10 of 1989 are ill..Category: Property Law | Date: | Hits: 25
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....t No.175 of 1978 by the learned Assistant Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining ......aid rent and had remained in possession of the land and Ext. 6 series show that the name of the plaintiff has been recorded in the R. S. khatian and it also appears that R. S. Plot No. 2540 is the khas land of the Government and the High Court Division in consideration of the materials on record......978 by the learned Assistant Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining to R.S. Khati..Category: Property Law | Date: | Hits: 29
Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)
.... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 695. ...... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 695. ......ivision in writ jurisdiction the judgment and order of the Court of Settlement was set aside and the property in question was declared as not abandoned property and direction was made to hand over possession to the claimant. 2. This Court while rejecting the petition for leave to appeal f..Category: Property Law | Date: | Hits: 24
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