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Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......t by filing a joint written statement contending, inter alia, that the suit land belonged to Madary Sheikh who transferred the entire land by an oral gift in favour of Jinnat Sheikh and handed over possession. During C.S. operation that suit lands were correctly recorded in the name of Jinnat She..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ...... that after the deed of reconveyance dated 13.02.1989 was effected, the pre-emptee No. 2 again sold the said land in favour of the pre-emptee No. 14 by a kabala dated 19.02.1989 and she had been in possession of the said land. 6. It appears from the judgment of the High Court Division that..Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ...... 1991 making the Rule absolute. 2. The plaintiffs instituted Title Suit No. 254 of 1984 in the Court of Assistant Judge, Beanibazar, Sylhet for declaration of their title and confirmation of possession in the suit property and also for permanent injunction stating, inter alia, that the su..Category: Property Law | Date: | Hits: 30
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity 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: 13 MLR (AD) (2008) 262. ......firmity 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: 13 MLR (AD) (2008) 262. ......plot measuring 412.33 square yards to him on 14.5.1980 at a premium of Tk.69,581/-; then a lease deed was executed and registered on 4.4.1984 leasing out the above plot to him for 99 years and the possession of the above plot was also delivered to him on that day; after obtaining necessary trade..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....ion in Civil Revision No.530 of 2001 are, inter-alia, that the plaintiff-respondent instituted Other Class Suit No.66 of 1997 in the Court of the Assistant Judge, Katiadi for declaration of title and recovery of khas possession. 3. The plaintiff case, in short, is that 0.08 acres of land of Plot ...... Revision No.530 of 2001 are, inter-alia, that the plaintiff-respondent instituted Other Class Suit No.66 of 1997 in the Court of the Assistant Judge, Katiadi for declaration of title and recovery of khas possession. 3. The plaintiff case, in short, is that 0.08 acres of land of Plot No.1069 of C......sion No.530 of 2001 are, inter-alia, that the plaintiff-respondent instituted Other Class Suit No.66 of 1997 in the Court of the Assistant Judge, Katiadi for declaration of title and recovery of khas possession. 3. The plaintiff case, in short, is that 0.08 acres of land of Plot No.1069 of C.S. K..Category: Property Law | Date: | Hits: 42
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....of 1973 under section 143 (A) of the State Acquisition and Tenancy Act which was dismissed for default on 15-06-1976 due to illness of the plaintiff No. 1 as tadbirkarak. Plaintiff No. 1 after recovery from his illness tried to file a Misc. Case for setting aside the said ex parte order of d......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......and was recorded in the name of the successive heirs of the said C.S. recorded tenant whose shares were subsequently purchased in the name of the plaintiffs by their father when they were minor and possession of the land so purchased was made over to the plaintiff's father. During the war o..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......it and belonged to one Md. Hekim, predecessor of defendant Nos. 1-13, who died leaving behind two sons Md. Aslam and Md. Anfar and one daughter Mst. Sagira Bibi and that while they were in ejmali possession, Aslam died leaving two daughters Sonia Bibi and Konai Bibi defendant No. 6 and 7 a..Category: Property Law | Date: | Hits: 26
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......rited 81½ decimals of land and that the defendant Nos.2 to 12 sold 32 decimals of land to the defendant Nos. 15 to 20 the present petitioners by 4 registered deeds of sale and delivered possession and that the plaintiffs having no right, title or possession in the suit property and t..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....agreement for sale. Bachcha Mia transferred an area of 0.48 acres of land of Plot No.350 at a consideration of TK.400.00 by a registered deed of agreement dated 04.07.1968 with a condition to recovery within 7 years and if the entire consideration money is repaid and Bachcha Mia refunded th......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......riginally belonged to Bachcha Mia and his son Basiruddin and subsequently Bachcha Mia sold an area of 0.48 acres of land from plot No.350 to one Nur Mohammad Khan on 04.07.1968 and put him in possession and Basiruddin sold 0.40 acres of land of plot No.379 to the said Nur Mohammad Khan on 0..Category: Property Law | Date: | Hits: 19
Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)
....we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ......fendant-petitioners opposed the above prayer for temporary injunction by filing a written objection denying plaintiffs possession in the suit land and claiming that the suit land is government khas land and the same is known as Udar Box Khal and that there is no residential house in su...... 1995 in the Court of Assistant Judge, Satkhira for declaration of title to the suit land impleading the petitioners as well as the respondent Nos.14-20 as defendants stating that they are in possession of the suit land and in the above suit they also filed an application under Order 39 Rul..Category: Property Law | Date: | Hits: 28
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......nd in suit. 2. The suit was filed stating, inter alia, that the plaintiff has purchased the land in suit from Reazuddin Mia, Harmuj Mia and Taju Mia by the kabala dated July 25, 1978 and got possession of the land in suit, that the R.S. khatian was wrongly prepared in the name of Kudrut Al..Category: Property Law | Date: | Hits: 22
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....f 1997. 2. The case of the plaintiff Nos.1-4 is that they instituted Title Suit No.113 of 1997 before the Court of learned Senior Assistant Judge, Baniachong, Hobiganj for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land orig....... The case of the plaintiff Nos.1-4 is that they instituted Title Suit No.113 of 1997 before the Court of learned Senior Assistant Judge, Baniachong, Hobiganj for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land originally bel...... case of the plaintiff Nos.1-4 is that they instituted Title Suit No.113 of 1997 before the Court of learned Senior Assistant Judge, Baniachong, Hobiganj for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land originally belonged..Category: Property Law | Date: | Hits: 21
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....d are that the plaintiff respondents filed Title Suit No. 347 of 2002 in the 2nd Court of Joint District Judge, Dhaka against the petitioner and some others as defendants for declaration of title, recovery of khas possession of the suit land, permanent injunction and for some other relief on the......he plaintiff respondents filed Title Suit No. 347 of 2002 in the 2nd Court of Joint District Judge, Dhaka against the petitioner and some others as defendants for declaration of title, recovery of khas possession of the suit land, permanent injunction and for some other relief on the averment th......laintiff respondents filed Title Suit No. 347 of 2002 in the 2nd Court of Joint District Judge, Dhaka against the petitioner and some others as defendants for declaration of title, recovery of khas possession of the suit land, permanent injunction and for some other relief on the averment that a ..Category: Property Law | Date: | Hits: 31
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......g of the suit till date. That defendant No.1 filed baseless Partition Suit No.59 of 1968 in the 3rd Court of Sub-Judge, Chittagong for partition of a vast area of 17.73 acres of land including the khas dakhali lands of these defendants and these defendants contested the said partition suit from ......chhataks and by a right of accretion to 9.88 acres both totalling 10.60 acres showed in the schedule of the plaint. That the plaintiff-petitioners by acquiring title as above have been in peaceful possession of the acquired land of schedule-1 by asserting their own right, title and interest with..Category: Property Law | Date: | Hits: 25
Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)
.... 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: V ADC (2008) 395. ...... 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: V ADC (2008) 395. ....... In this background of the case the petitioners filed the aforesaid Other Class Suit No. 17 of 2002 for declaration and partition as stated above asserting that since they have title and possession in the suit land the Other Execution Case No. 2 of 1996 arising out of the judgment and ..Category: Property Law | Date: | Hits: 23
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
....der Section 9 of the Specific Relief Act decreeing the suit. 2. The respondent No.1 as plaintiff on 04.06.2000 filed Title Suit No. 21 of 2000 in the Court of Assistant Judge, Balaganj praying for recovery of possession of the suit land after evicting the defendant No.1 from the said suit land un...... the above, we find 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) 392. ......9 of the Specific Relief Act decreeing the suit. 2. The respondent No.1 as plaintiff on 04.06.2000 filed Title Suit No. 21 of 2000 in the Court of Assistant Judge, Balaganj praying for recovery of possession of the suit land after evicting the defendant No.1 from the said suit land under Section ..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......s case by filing a written objection in which he denied all the averments of the petitioner made in the Miscellaneous application. In his written objection respondent No.1 stated that he is in possession of the case land; the petitioner had knowledge of the transfer since the vendor is ..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......sell the land shown in the schedule attached to the plaint for a consideration of Taka 2,00,000 and upon receiving Taka 1,40,000 on August 15, 1991 executed an agreement for sale and delivered possession. It was the stipulation in the agreement for sale that within one year from the date of..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......-3 that defendant No. 25 and Gulbahar, predecessor of the defendant Nos. 2-4 orally gifted their entire share which they inherited from defendant No. 1, that the plaintiffs have no right, title and possession in the land in suit. 5. Defendant Nos.4 and 6 filed written statement supporting..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......took settlement of the suit land from the owner of the suit land long before SA operation and when the SAT Act, 1950 came into force the suit land was the private land of the plaintiffs and not the khas land of the Zaminder and so the same cannot vest in the Government; the appellate Court as we......f their possession in the suit land and also (d) for a decree for permanent injunction so that the Government cannot lease out the suit land to others and cannot interfere with their peaceful possession therein, stating, inter alia, that the suit land measuring 18.14 acres was recorded in t..Category: Property Law | Date: | Hits: 28
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