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Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....d of the discussion 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) 82. ...... I, rule 10 of the Code of Civil Procedure. 2. The suit was filed seeking the decree that the defendant No.1 is a licensee of the plaintiff in respect of the property in suit as well as for khas possession of the property described in schedule B to the plaint upon eviction of the defendan......ule 10 of the Code of Civil Procedure. 2. The suit was filed seeking the decree that the defendant No.1 is a licensee of the plaintiff in respect of the property in suit as well as for khas possession of the property described in schedule B to the plaint upon eviction of the defendant No...Category: Property Law | Date: | Hits: 33
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......ing that the suit land was declared as protected forest land by Gazette Notification No. 3125 dated 13-4-1955 and since then the suit land along with other lands have been under the management and possession of the Government; the Forest Department then planted many valuable forest trees therein..Category: Property Law | Date: | Hits: 31
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......pon receiving Taka 25,000 out of the total consideration money of Taka 50,000 Syed Rafiuddin Ahmed executed an agreement for sale of the property he acquired by lease dated 28-1-1964 and made over possession of the property in question, that Syed Rafiuddin Ahmed having had not executed and regis..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... facts, in short, are that Md. Yusuf, predecessor of the plaintiff-respondents, instituted Title Suit No. 69 of 1996 in the Court of Senior Assistant Judge, 3rd Court, Dhaka for declaration of title, recovery of khas possession and demarcation of the suit property stating, inter alia, that one Tus......hort, are that Md. Yusuf, predecessor of the plaintiff-respondents, instituted Title Suit No. 69 of 1996 in the Court of Senior Assistant Judge, 3rd Court, Dhaka for declaration of title, recovery of khas possession and demarcation of the suit property stating, inter alia, that one Tusi Bewa along......ties as alleged in the plaint and that Tusi Bewa did never get 200 decimals as alleged who was, in fact, owner of 165 decimals and that she as well as her daughters were never in physical possession of the suit property and that there was no vacant space in the suit land nor the defendan..Category: Property Law | Date: | Hits: 28
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......not correct and that the plaintiff Motasir Mia in collusion with the father of Shaista Mia collusively brought into existence the suit for exchange deed, that the plaintiffs are not entitled to get khas possession and their suit is liable to be dismissed. 4. The case of the defendant Nos.1......hat said Hanif Khan and Anis Khan mortgaged the land of the heirs of Himmat Khan and Rahmat Khan to the predecessor of the defendant Nos. 1-11, Asmot Miah, and since mortgage said Asmot Miah was in possession of the land so mortgaged and that after the death of Asmot Miah, his heirs defendant No..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......e of Firoz Bhuiyan and Abu Sufian each having 8 annas share as regard the land taken settlement by the Hukumnama dated 10th Kartick, 1344 BS as well as paternal land and that in the background of the possession of Abu Sufian RS record was prepared in his name and was published finally in the name ..Category: Property Law | Date: | Hits: 33
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
....n that view 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) 337. ......aintiffs from the suit land and hence the suit. The defendant No. 1, contested the suit by filing written statement contending that Monsur Ali having abandoned the suit land the landlords took khas possession of the same and thereafter Ajit Kumar Roy, one of the landlords, gifted the suit l......e petitioner Nos. 1 (Ka) to 1(Cha) along with the petitioner Nos. 2 to 5 herein filed Other Suit No. 14 of 1986 (previously Other Suit No. 229 of 198) for declaration of title, confirmation of possession and also for permanent injunction in respect of the suit land on the averments that the ..Category: Property Law | Date: | Hits: 27
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
....decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 332. ......decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 332. ......No.2825 of 2004 discharging the Rule. 2. The plaintiff instituted Title Suit No.01 of 1991 in the Court of Assistant Judge, Shaymnagar, Satkhira for declaration of title and confirmation of possession to 14.27 acres out of 21.40 acres appertaining to Plot No. 63 C.S. No.6 of Mouza Go..Category: Property Law | Date: | Hits: 23
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
.... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ......ior to the filing of the suit seeking preemption was noticed by the appellate Court, that delay in making the 'talabs' was not considered by the appellate Court, that there was no delivery of possession of the land sought to be preempted and as such the suit filed seeking pre-emption was no..Category: Property Law | Date: | Hits: 25
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ......wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ...... and proforma defendant No. 6 on receipt of salami and also settled lands of schedule 'B' to plaintiff Nos. 1 and 5 and proforma defendant Nos. 7-14 by realizing salami from them and the possession of the suit land was delivered. The plaintiff Nos. 3-5 cultivated their own land and als..Category: Property Law | Date: | Hits: 31
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ...... Assistant Commissioner (Land) are illegal, collusive, inoperative and not binding upon the plaintiffs and for permanent injunction against the defendants restraining them from taking over the possession of the Bazar and evicting the plaintiffs and other businessmen and demolishing the Baza..Category: Property Law | Date: | Hits: 25
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......f has no right, title and possession in the land and the suit is barred by Section 76 of the State Acquisition and Tenancy Act. The further case of the defendant No.1 is that the suit land is khas land of the Government and was given in settlement to the plaintiff in L.A. Case No. 114/46 (X......iolated condition No. 3 of the kabuliyat by digging a pond in the suit land changing the nature and value of the same without any permission from the collector's office and the Government took possession of the same pursuant to condition 10 of the kabuliyat canceling the settlement and as su..Category: Property Law | Date: | Hits: 25
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... 4th Court, Dhaka decreeing the suit. 2. The respondents as plaintiffs instituted the Title Suit No.9 of 1991 in the Court of Subordinate Judge, 4m Court, Dhaka, for cancellation of deed and recovery of khas possession. 3. The case in short is that in last settlement survey the......Dhaka decreeing the suit. 2. The respondents as plaintiffs instituted the Title Suit No.9 of 1991 in the Court of Subordinate Judge, 4m Court, Dhaka, for cancellation of deed and recovery of khas possession. 3. The case in short is that in last settlement survey the name of the...... decreeing the suit. 2. The respondents as plaintiffs instituted the Title Suit No.9 of 1991 in the Court of Subordinate Judge, 4m Court, Dhaka, for cancellation of deed and recovery of khas possession. 3. The case in short is that in last settlement survey the name of the plai..Category: Property Law | Date: | Hits: 24
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......y for India the suit land was listed as Enemy Property and the plaintiff took year-to-year lease of the suit land and had been possessing the same. While the plaintiff petitioner was continuing in possession of the suit land on renewal of his lease the defendant No.6 managed to take lease in res..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......lso the case of the defendant No. 2 that part of the property in suit along with building and tin shed requisitioned and the same is possessed by the defendants. The defendant also denied the possession of the plaintiff in the land in suit. The definite case of the defendant No. 2 is that t..Category: Property Law | Date: | Hits: 34
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......s plaintiff filed Title Suit No.43 of 2003 in the court of Senior Assistant Judge, Sadar, Noakhali for permanent injunction on the allegations, inter alia, that one Abdul Latif Mia as owner in possession distributed his properties amongst his heirs vide registered Nirdeshpatra dated 6.3.194..Category: Property Law | Date: | Hits: 43
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ......orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ......) and Alimuddin. Thus Jabed Ali Sarkar and Alimuddin got 4.82 ½ acres of land each and thereafter Alimuddin transferred 1.55 ½ acres to Jabed Ali and thus Jabed Ali acquired title and possession over 6.08 acres of land. S.A. Khatian No. 270 was accordingly prepared in the name of Ja..Category: Property Law | Date: | Hits: 20
Sanat Kumar Dhar and others Vs. Aminul Haque and others, 2006, 35 CLC (AD)
.... Court Division by the judgment as mentioned hereinbefore upon making the Rule absolute reversed the judgment of the appellate Court. 2. The suit was filed seeking declaration of title recovery of khas possession. 3. The trial Court decreed the suit as mentioned hereinbe......ion by the judgment as mentioned hereinbefore upon making the Rule absolute reversed the judgment of the appellate Court. 2. The suit was filed seeking declaration of title recovery of khas possession. 3. The trial Court decreed the suit as mentioned hereinbefore and on ...... the judgment as mentioned hereinbefore upon making the Rule absolute reversed the judgment of the appellate Court. 2. The suit was filed seeking declaration of title recovery of khas possession. 3. The trial Court decreed the suit as mentioned hereinbefore and on appeal..Category: Property Law | Date: | Hits: 24
Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
....3 794 of 2000 discharging the Rule. 2. Short facts are that the plaintiffs filed Title Suit No.86 of 1991 in the 2nd Court of Senior Assistant Judge, Dhaka for declaration of title and recovery of khas possession in the suit land as described in the schedule of the plaint statin......00 discharging the Rule. 2. Short facts are that the plaintiffs filed Title Suit No.86 of 1991 in the 2nd Court of Senior Assistant Judge, Dhaka for declaration of title and recovery of khas possession in the suit land as described in the schedule of the plaint stating, inter ali...... 3. The defendant Nos.1-3 contested, the suit by filing a joint written statement denying the material allegations made in the plaint. Their case, in short, is that one Azizunnessa was in adverse possession of the suit land for more than 12 years and subsequently she transferred the suit land t..Category: Property Law | Date: | Hits: 32
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 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: V ADC (2008) 239. ...... 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) 239. ......defendants, on 15.10.1998 at 9 A.M, forcibly took possession of the suit land and constructed 2 (two) tin chhapra and the defendants inspite of repeated requests refused to restore the vacant possession of the same to the plaintiff. The defendants contest the suit by filing written statemen..Category: Property Law | Date: | Hits: 44
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