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Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....uit by filing joint written statement contending, inter alia, that the suit has not been properly valued, is barred by limitation and is not maintainable without the relief of partition as well as recovery of possession; Alimuddin while owning and possessing the suit land died leaving behind on......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......o sons, Wahid Ali and Rawsan Ali; Wahid Ali transferred 34 ½ decimals of land in favour of Alimuddin from plot No. 2719 by two registered kabalas dated 10.01.1959 and 31.12.56 and made over possession thereof to him; Rawshan Ali sold 12 ½ decimals of land from plot No. 2719 to..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......Md. Shahidul Hoq, the defendant No.2 petitioner, by a registered sale deed and thus the defendant No. 2/ petitioner became the owner and possessor of the suit property and none else was/is in possession of the same on behalf of the respondent. The learned Senior Assistant Judge, Comilla aft..Category: Property Law | Date: | Hits: 27
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ...... suit for declaration of title under section 53A of Transfer of Property Act as made by (plaintiff) is not maintainable and no case has also be made out for the claim of title on the basis of adverse possession. 5. We have heard the learned counsel for the petitioner and perused the judgment of t..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......ths before the institution of the suit, the road was constructed; admittedly the road in question is an old one and it is the reconstruction of the public road to connect villages through the khas land and during the pendency of the suit there was no construction of new road and so the deci...... the suit. 2. The respondent Nos. 1 and 2, as plaintiffs, instituted the above Title Suit No. 4 of 1989 praying for permanent injunction contending, inter alia, that they are owners in possession of the suit land by way of inheritance as well as by purchase and the previous and prese..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ...... Chaitan Sheikh) and possessing the same. It is the contention of the plaintiff that defendant No.1 claiming to have purchased land from the heirs of Chaitan Sheikh having had tried to disturb his possession, he is constrained to file the suit seeking the relief of a decree for permanent injunc&..Category: Property Law | Date: | Hits: 26
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....me is liable to be dismissed. 4. The trial Court decreed the suit on the finding that the suit as framed is quite maintainable and not barred by limitation and that there is no need to seek recovery of possession. 5. The trial Court entertained doubt about the genuineness of the de......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......n favour of the defendant No. 1, that the deed of gift as claimed by the defendants is forged, fraudulent and fabricated and that the alleged deed of gift has created cloud on the right, title and possession of the plaintiff, that plaintiff became aware of the deed of gift on August 17, 197..Category: Property Law | Date: | Hits: 46
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
.... 2. The plaintiff-appellant instituted Other Suit No.55 of 1972 in the Court of the then Munsif at North Raozan, Chittagong against the respondents praying for declaration of title and recovery of khas possession of 'Ka' schedule land and also for declaration of title and c......he plaintiff-appellant instituted Other Suit No.55 of 1972 in the Court of the then Munsif at North Raozan, Chittagong against the respondents praying for declaration of title and recovery of khas possession of 'Ka' schedule land and also for declaration of title and confirmation ......uddin Khalifa sold the said suit plots along with other lands to one Siddique Ahmed Chowdhury by a registered kabala dated 22.05.1904 vide Exhibit-3 and that Siddique Ahmed Chowdhury obtained possession and possessed for 7 years and then sold to Sarfunnessa by a registered kabala dated..Category: Property Law | Date: | Hits: 24
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......entire 13.73 acres of land was recorded in the name of Pashupati Mukhapadhaya in S.A. Khatian. The plaintiffs have possessed the suit land for more than 12 years and the defendants had no possession over the same. One Mobinul Hague, defendant No. 7 fraudulently transferred his share of ..Category: Property Law | Date: | Hits: 23
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......acres of land of schedule 'Ka' along with other land by way of a registered deed of gift dated 22.01.1935 and subsequently made under gift of the remaining portion of the suit land and handed over possession to him. Rahmat Ali as rightful owner possesses 4.70 acres of land of the 'Ka' schedule S..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......dant Nos. 1-25 became owner of that land as his heirs; that during his life time Ochi Miah also let out the house situated thereon to the defendant Nos. 26-29 and accordingly they are in possession as tenants under the said heirs of Ochi Miah; that the plaintiff is owner of 2 ½&..Category: Property Law | Date: | Hits: 38
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....oyed the usufructs of the suit lands and paid rent of the suit land from 1339-1400 B.S. and neither the plaintiffs predecessor nor the plaintiffs took any step for establishment of their title and recovery of possession of the suit lands within the statutory period of limitation and hence t......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ......eir right and title in the Kha schedule property against the defendants stating that the schedule 'Ka' land of the plaint was owned by late Majnani Bewa. The suit lot-I property was under her Khas possession, while melst-2 property was enjoyed by Her by granting Korfa Pattan and the land was rec..Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......t the property is not an abandoned property. The abandoned property authority while in compliance of the judgment passed declaring the property not an abandoned property took step for handing over possession thereof upon evicting the lessee of the abandoned property authority the petitioner chal..Category: Property Law | Date: | Hits: 36
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......d similar other decisions in this regard including the case of Abdur Rahman vs. Abdur Rahim reported in 35 DLR 132 and the High Court Division also fell in error in not holding that the possession of the pre-emptors in a small tin hut was on the basis of licence granted by the pre-emp..Category: Property Law | Date: | Hits: 21
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
.... aside the judgment and decree of the learned Assistant Judge dismissing the suit on the ground that the suit was not maintainable as farmed as there was no prayer for declaration of title and recovery of khas possession and that the suit, was also bad for defect of parties. The learned......udgment and decree of the learned Assistant Judge dismissing the suit on the ground that the suit was not maintainable as farmed as there was no prayer for declaration of title and recovery of khas possession and that the suit, was also bad for defect of parties. The learned Additional ......heir purchased land after constructing a two-storied building in a portion of the suit land and also by cultivation of the remaining land. The plaintiff has no right, title, interest and possession in the suit land and the gazette notification in the name of the Forest Department of th..Category: Property Law | Date: | Hits: 35
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......shares; defendants No. 4-6 and Totamoni sold 3.35 acres of land from C.S. Khatian No. 140 and 1.36 acres of land from C.S. Khatian No. 280 to Gagon Mondal by a kabala dated 29.4.1963 and delivered possession thereof to him and after his death the plaintiffs have been possessing the aforesaid lan..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......t, is that the disputed premises namely F/G/7, Sher Shah Colony (Housing Estate) Chittagong was allotted to one Nazir Mohammad by registered deed of lease dated 04.06.1960. Nazir Mohammad while in possession sold the same to one Md. Safi by a registered kabala dated 17.04.1964. Md. Safi got his..Category: Property Law | Date: | Hits: 27
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....which the plaintiff-respondent took an appeal and the appellate Court allowed the appeal and decreed the suit in part declaring plaintiffs title to the 2 “Ka” schedule land and also for recovery of his khash possession of the same directing the plaintiff to execute a deed of gift in r...... Judgment Syed J. R. Mudassir Husain CJ. - This is a review petition filed by the defendant in a suit for declaration of the plaintiff-respondent's 'rayoti' right to the suit land and for khash possession thereof. 2. The plaintiffs case was that he was the donor member of the Boa......dgment Syed J. R. Mudassir Husain CJ. - This is a review petition filed by the defendant in a suit for declaration of the plaintiff-respondent's 'rayoti' right to the suit land and for khash possession thereof. 2. The plaintiffs case was that he was the donor member of the Boalkkhal..Category: Property Law | Date: | Hits: 53
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ated October 21, 1992 of the Court of Subordinate Judge (now Joint District Judge), Madaripur in Title Suit No. 4 of 1989. 2. The suit was filed seeking declaration of title, confirmation of possession and for declaration that the record of right prepared in the name of the defendants..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....33 of 1968 which was subsequently renumbered as Title Suit No. 106 of 1972 praying for declaration of title, confirmation of possession and for perpetual injunction with alternative prayer for recovery of possession stating, inter alia, that the suit land, which belonged to Ramjan Sheikh in......cord 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: IV ADC (2007) 841. ......the predecessor of the respondents, instituted Title Suit No. 533 of 1968 which was subsequently renumbered as Title Suit No. 106 of 1972 praying for declaration of title, confirmation of possession and for perpetual injunction with alternative prayer for recovery of possession stating..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....nagar, Brahmanbaria in Title Suit No. 38 of 1993 dismissing the Title Suit No. 4 of 1991 same. The suit was filed seeking declaration of title in respect of the land of first schedule and for recovery of khas possession in respect of the land of second schedule upon evicting first grou......anbaria in Title Suit No. 38 of 1993 dismissing the Title Suit No. 4 of 1991 same. The suit was filed seeking declaration of title in respect of the land of first schedule and for recovery of khas possession in respect of the land of second schedule upon evicting first group of defenda......cessor Abdul Motalib and the predecessor of defendant Nos. 9-13 as well as defendant Nos. 22-24, that Md. Yasin's property after his death was partitioned amicably. Abdul Motalib was in permissive possession from plaintiff No. 9 in respect of second schedule land and erected hut on the condition..Category: Property Law | Date: | Hits: 23
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