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Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....iolation Case No. 34 of 1994 in which 4 (four) witnesses have been examined and order is awaiting therein and the plaintiffs prayer for amendment of the plaint incorporating therein the prayers for recovery of possession and also for mandatory injunction were allowed by orders dated 31.3.1996. The......any illegality 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: V ADC (2008) 690. ......epared. On 30.9.1935 Nawab Sir Salimullah and his brother Atiquallh gave pattan of the suit land to their grandsons Md. Habib and others by an "Amalnama" at a 'Salami' of Tk. 400/- and also delivered possession of the same to them; under the State Acquisition and Tenancy Act, 1950 the suit land, alo..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....nfirmity 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: V ADC (2008) 687. ......nfirmity 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: V ADC (2008) 687. ......operation his name was recorded in Khatian No.1834. On 22.6.1962 Lehajuddin executed and registered sale deed No.2613 selling 16 decimals of land to the defendant No.1 and also delivered to him the possession of the land sold and thereafter the defendant No.1 fraudulently created the above sale d..Category: Property Law | Date: | Hits: 25
Hazi Abdul Mannan and others Vs. Amena Begum and others, 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) 676. ...... 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) 676. ......was prepared in their names, that Bhagirath Mondal transferred his share to Abdul Wadud and others and they transferred the land so purchased on July 20,1970 to Abdus Salam on December 10,1970 and possession was delivered to Abdus Salam and he mutated his name, that Abdus Salam by the kabala dat..Category: Property Law | Date: | Hits: 21
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
....dant No. 1 was in possession of the suit land and was also able to establish complete ouster of the plaintiffs from the suit land and hence the suit for partition, without declaration of title and recovery of khas possession, was barred by Section 42 of the Specific Relief Act. 5. As it ......as in possession of the suit land and was also able to establish complete ouster of the plaintiffs from the suit land and hence the suit for partition, without declaration of title and recovery of khas possession, was barred by Section 42 of the Specific Relief Act. 5. As it appears the ......possessing the suit land the defendant No.1 sold 20 decimals of land to the defendant Nos.6 and 7 and also sold 60 decimals in favour of defendant Nos.3 and 4 and the defendant Nos. 1-5 are in possession of the remaining 89 decimals of land and as such the suit is liable to be dismissed in ..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
.... remain valid and the executant may seek relief for realization of the ewaj, as in the case of sale deed for non-payment of entire or part of consideration money, the executant may seek relief for recovery of money. A heba-bil-ewaj deed as distinguished from a simple heba (gift) is as good ......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......red the suit land along with a two storied building and shops in favour of the plaintiff and the defendant No.2 by registered deed of Heba-bil-ewaj dated 07.12.1982. The defendant No.2 had been in possession of a room on the first floor and the plaintiff 1 had been in possession of the shop in t..Category: Property Law | Date: | Hits: 26
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......belonged to Namiruddin and others each having a share of 0.40 acre. The further case of the plaintiff is that by an amicable partition Namiruddin got 3.34 acre of land in his own share and while in possession he died leaving behind one widow Nashiran Bewa and full brother's sons, the plaintiff No..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......y;fer any revisional application. It appears that the trial Court while decreeing the suit in part observed that the Advocate Commissioner in his report has mentioned that the plaintiffs' claim of possession in plot No.363 is in the land of Mouza Sunkishail but in the plaint they have described ..Category: Property Law | Date: | Hits: 20
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......s to the land of Plot No. 981 is in possession of the pre-emptee Nos. 17 and 18; that thereafter, the contiguous portion of land of Plot No.967 measuring an area of 0.9 decimals of land is in possession of Moslem and Younus who. have not been made parties; that thereafter, 0.18 decimal..Category: Property Law | Date: | Hits: 21
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......lotment was completed by execution and registration of the lease deed between RAJUK and Khaleda Rahman, wife of Md. Mojibur Rahman, that the full consideration money of the leased land was paid and possession was duly delivered to the allottee by the RAJUK, that allottee entered into an agreement..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......ad and Halishahar Housing Society. As a result 54 decimals of land on both sides of the road were left unutilised from the very beginning and the same was, at all material times, under the continuous possession of the writ petitioner-respondents. The Government neither utilised the said land nor too..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......, entered into a written agreement to sell the property for a consideration of Taka 28,000 and that upon receiving Taka 27,000 executed a deed of agreement on 1-8-1973, that Mr. SM Hasan delivered possession to the respondent and since then he is owning and possessing the property in question, t..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
...., as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ...... was made but the said "ঘোষনাপত্র দলিল" was also not produced before any Court. 12. Furthermore, it appears that the plaintiff cancelled the lease and did not deliver the possession of the land in favour of the defendant. It such view of the matter we are unable to under..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....8-2-1999 by the Senior Assistant Judge, Sadar, Rajshahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land me......the Senior Assistant Judge, Sadar, Rajshahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land measuring 0.04......enior Assistant Judge, Sadar, Rajshahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land measuring 0.04 acre..Category: Property Law | Date: | Hits: 25
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......as belonged to Sadan Howlader and Kayem Karsha was recorded in Khewat No. 41/2 belonged to Samajuddin Howlader out of total quantity of 14.57 acres of land recorded in Khewat No.41/1,3.51 acres was khas land and out of total 5.43 acres of land in Khewat No. 41/2, 3.40 acres was the khas land and .......25 bighas of land of his share from the land of Khewat No. 4 ½ in favour of Abdul Jabbar, Abdul Wohed, Abdul Kader Ahmed Howlader and Hashem Ali Howlader, the defendant No.20. Accordingly, possession of the mortgage land was also in their favour and subsequently, Khalilur Rahman repaid t..Category: Property Law | Date: | Hits: 102
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......nsari, 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 numbers of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Ch..Category: Property Law | Date: | Hits: 46
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......d any knowledge of sale in question prior to the given date of knowledge and there is also no evidence that the pre-emptor No.1 Shusil Kumar Ghosh witnessed any act of possession of the pre-emptee in the case land. The High Court Division accordingly held that the p..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......er name like Sawrupjan and Sarbanu was never married to Ludu Mollah. Hamijuddin in over to deprive his full sister, Somarthaban Bibi created a forged, fabricated document on 23.12.1920 and no possession was delivered and no consideration money passed. When Somarthaban Bibi was given in marr..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......acres of chala land of C.S.Plot Nos.44, 45, 46, 49, 77, 80, 76, 75, 81, 40, 48 and 70 of Ranabhola Mouza presently under the Police Station Uttara at a consideration of TK.46,5000.00 and took over possession. On that basis a regular sale deed (Ext.56 Cha) was executed and registered on 09.05.196..Category: Property Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t decision and there 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: ......t decision and there 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: ...... 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 petitio..Category: Property Law | Date: | Hits: 26
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....egistered deed of last dated 23.10.1944 A.D. in favour of on Rahmatullah Awrangi and said Rahmatullah Awrangi having been dispossessed the plaintiff, he filed a title suit being No. 285 of 1946 for recovery of khas possession but the said suit was dismissed for default on 18.04.1952 against whic......ed of last dated 23.10.1944 A.D. in favour of on Rahmatullah Awrangi and said Rahmatullah Awrangi having been dispossessed the plaintiff, he filed a title suit being No. 285 of 1946 for recovery of khas possession but the said suit was dismissed for default on 18.04.1952 against which he preferr......mdi Sk. died issueless and his brother Ebrahim Sk. inherited his (Molamdi) share in full and thus Ebrahim Sk. became owner in the suit jote to the extent of 2 annas and he being in right, title and possession as such sold his share measuring .11 decimal of land to the plaintiff vide registered ka..Category: Property Law | Date: | Hits: 26
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