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Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)

....the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ...... Code of Civil Procedure. 5. The aforesaid defendant No.2 also filed a written statement stating, inter alia, that he was not a sub-tenant but according to trade practice at Mymensingh Town possession of rented premises could be made over on payment of lump sum amount and the defendant No..

Category: Property Law | Date: | Hits: 31

Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......lal and R.S. khatian was prepared in his name, that Hanif Sarker sold 1.53 acres of land to the defendant No.20, the predecessor of the defendant Nos.21,22-23 and Abdul Ali and the purchasers are in possession of the land in suit, that the a aforesaid purchasers mutated their names and the R.S. rec..

Category: Property Law | Date: | Hits: 29

Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ...... Judge, Khulna in Title Suit No.207 of 1979 decreeing the same. The suit was for declaration of title as well as for a decree of permanent injunction restraining the defendants from disturbing the possession of the plaintiffs in the land in suit. 2. The plaintiffs filed the suit stating, ..

Category: Property Law | Date: | Hits: 27

Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)

....ischarging the rule. 2. The respondent Nos.1 to 216 as plain­tiffs instituted Other Class Suit No.418 of 1978 (renumbered as Other Class Suit No. 60 of 1993) for declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties wer......he rule. 2. The respondent Nos.1 to 216 as plain­tiffs instituted Other Class Suit No.418 of 1978 (renumbered as Other Class Suit No. 60 of 1993) for declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted pe......e. 2. The respondent Nos.1 to 216 as plain­tiffs instituted Other Class Suit No.418 of 1978 (renumbered as Other Class Suit No. 60 of 1993) for declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted permanen..

Category: Property Law | Date: | Hits: 22

Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)

....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......sold the same to Abdur Razzaque by the kabala dated July 26, 1960 and said Abdur Razzaque sold the land so purchased from Abdul Hamid to the plaintiff on May 12, 1978 and since then plaintiff is in possession of the land in suit, that defendant Nos. 1-9 tried to purchase the land without paying t..

Category: Property Law | Date: | Hits: 42

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class 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 lan......Senior Assistant Judge, Sadar, Rajshahi in Other Class 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 ......r Assistant Judge, Sadar, Rajshahi in Other Class 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 .04 ..

Category: Property Law | Date: | Hits: 34

Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)

....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......­tested the pre-emption case by filing written objection contending, inter alia, that he pur­chased the case land from the respondent No.2 for construction of his residence and he went into possession of the case land on 18.06.95 and he then raised dwelling house thereon at the cost of T..

Category: Property Law | Date: | Hits: 34

Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)

....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... High Court Division in Second Appeal No. 205 of 1979 allowing the appeal. 2. The facts, in short, are that the plaintiff-respondent filed a suit for declaration of title and confirmation of possession in respect of the suit land measuring 3.75 acres. The suit land originally belonged to o..

Category: Property Law | Date: | Hits: 35

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....cutting away two Mango trees. In the circumstances, he filed Title Suit No. 293 of 1977 in the same court of Munsif praying for declaration of his title to the entire suit land measuring .05 acre and recovery of possession in respect of 0.01 of the suit land. 5. Both the suits were tried on anal...... landlord, Mohesh Chandra Saha and permanently settled at Daulatganj Bazar where he died. Upon surrender of the land by Ram Prosad MuĀ­chi, the landlord Mohesh Saha entered upon and posĀ­sessed it as khas land and on his death, his son, Upendra Saha, inherited and possessed it and then, by the regis......ce, oral and documentary, and the attending circumstances, both the trial Court and the appellate Court came to a finding that Ram Prosad had surrendered the land whereupon the landlord took over its possession. This finding, based on due consideration of evidence, was beyond the scope of the revisi..

Category: Property Law | Date: | Hits: 38

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......n favour of Dorajuddin in respect of 76 decimals of land and then on 15-1-1995 Amir Hossain and his mother sold 0.80 acres to Dorajuddin and though the defendants have no right, title, interest and possession in the suit land they on 30-5-1997 threatened to dispossess the plaintiffs from the sui..

Category: Property Law | Date: | Hits: 33

Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)

.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......5A of the Act provides that on and from the date of publication of a notification under sub-section (3) of section 17 or under sub-section (1) of section 31, no person shall sublet any land in his khas possession in the area to which such notification relates and that any subletting, made in con...... No. 1 for a consideration of Tk. 7055/-, whereby the said Respondent agreed to execute a deed of permanent lease in respect of certain property in part of which the peti­tioners were put into possession. The suit was contested by the respondents on the con­tention that there was a lease..

Category: Property Law | Date: | Hits: 34

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......of said decree filed Rent Execution Case No.1211 of 1952. The land in respect whereof rent decree obtained was purchased by the decree holder and obtained the sale certificate and took delivery of possession through Court. The auction purchaser, Ganga Charan Majumder died leaving plaintiff No.1 ..

Category: Property Law | Date: | Hits: 52

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....e of decree i.e. 28-4-1993, the soleh decree became void and inoperative, that the plaintiff has filed the suit within 12 years from the date on which the soleh decree became unenforceable seeking recovery of khas possession and, as such, plaintiff's suit is not barred by limitation, that plaint......i.e. 28-4-1993, the soleh decree became void and inoperative, that the plaintiff has filed the suit within 12 years from the date on which the soleh decree became unenforceable seeking recovery of khas possession and, as such, plaintiff's suit is not barred by limitation, that plaintiff's prayer......nd an agreement was executed on June 17, 1987 and on that date principal defendants i.e. respondent Nos.1 and 2 herein, paid Taka 45,00,000 to the plaintiff and thereupon plaintiff parted with the possession of the land in suit in favour of the principal defendants, that subsequent to the date o..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdiction, 3. The suit was filed ave......o.6) was not government khas land and that plaintiff's vendor since settlement from the ex-landlords possessed the land purchased by him on February 27, 1970 and that since purchase plaintiff is in possession of the land in suit, that since the order of the defendant No. 1 cancelling the mutation..

Category: Property Law | Date: | Hits: 35

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ...... the Member, Board of Revenue, upon the plaintiffs and all subse­quent actions taken by him were illegal, void and without jurisdiction on the allegations that the suit land was originally the khas land of Bhawal Raj Court of Wards Estate, which settled the same in 1344 B.S. with some of the......nts or their transferees, in the land Acquisition Case No. 41/64-65 of the Dacca Collectorate, that compensation for the said lands had been paid in part and the acquiring authority was entitled to possession thereof on payment of the compensation acc­ording to law, that in  1967 the Bo..

Category: Property Law | Date: | Hits: 36

Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)

.... The petitioners are also permitted to pre­pare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... The petitioners are also permitted to pre­pare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......tating, inter-alia, that the suit property belonged to Abdul Wahed Mridha in Rayoti Jote right and he possessed the same as such and the property was accordingly recorded in ROR and that he was in possession of the property on payment of rent and that on 12.11.1989 portion of the suit property w..

Category: Property Law | Date: | Hits: 41

Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)

....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......rty to the defendant No. 1 and the  defendant No. 1 agreed and in order to avoid pre-emption the deed of heba-bil-ewaz in question was execut­ed and it was accordingly registered and that possession was also handed over to the defen­dant respondent No.1 who mutated her name and paid..

Category: Property Law | Date: | Hits: 37

Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)

.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ......efendant Nos. 2 and 3 on the other part failed to establish that they have land adjacent to the land of plots exchanged by them, that defendants failed to prove that for conven­ience as regard possession and enjoyment they exchanged the land of plots as mentioned in the deed in question, tha..

Category: Property Law | Date: | Hits: 38

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......ing the land, that defendant also purchased .01 decimal of land from Ranjit Kumar Biswas  and thus  defendant is the owner and possessor of.10 decimals of land and while defendant was in possession of the said land plaintiff upon making incorrect statements filed the suit, that the sui..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......e basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stat­ing, inter alia, that after execution and regis­tration of deed of gift (hebanama) delivery of possession was handed over to him but at the instance of the defendant Nos.1 and 2, wife and brothe..

Category: Property Law | Date: | Hits: 33