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Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......that after death of Zamiruddin the defendants got the land in suit by amicable settlement amongst the heirs and are possessing the land in suit, that plaintiff has no right, title and interest and possession in the land in suit, that the plaintiff has filed the suit making untrue statements and ..Category: Property Law | Date: | Hits: 25
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....declaration of title to the suit land described in schedule "Ka", "Kha" & "G" to the plaint, confirmation of possession in the land of schedule "Ka" and recovery of Khas possession of the land in schedules "Kha" and 'Ga'. 2. The case o......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", "Kha" & "G" to the plaint, confirmation of possession in the land of schedule "Ka" and recovery of Khas possession of the land in sc..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......e sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possession against defendants and others. Due to their inexperience and illiteracy the plaintiffs fa..Category: Property Law | Date: | Hits: 26
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......rrived at by he courts below and that the High Court Division did not take into consideration that the plaintiff respondent failed to discharge its initial onus as regards his alleged enjoyment and possession in the suit property inasmuch as the suit property is part of the godown, the Jetty, ya..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....ts to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plaintiff by the defendants in respect of the land in suit and for recovery of possession upon eviction of the lessees of the defendants. 2. The suit was filed......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......e and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plaintiff by the defendants in respect of the land in suit and for recovery of possession upon eviction of the lessees of the defendants. 2. The suit was filed stating, in..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......that the suit is not maintainable as there was no cause of action. That Nur Ahmed and others did not sell the suit land to the respondent No.1 and that they did not threaten respondent with dispossession from the, suit land. Their contention is that they have got right, title, interest and ..Category: Property Law | Date: | Hits: 41
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ...... court Division did not go into the merit of the matter. He further submits that Title Suit No.54 of 1991 brought by the plaintiffs was not maintainable inasmuch as admittedly the suit land is khas land of the Government and the plaintiffs claim to have taken settlement of the same from......ginal file and number. 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 of 1991 against the defendant petitioner and other for declaration that they are in possession of the suit land described in 'Ka' schedule land appertaining to Plot Nos.834, 835 and 8..Category: Property Law | Date: | Hits: 31
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....o.1. The suit, being a simple declaratory one, on the face of the materials on record was not maintainable since plaintiffs being out of possession were required to seek for consequential relief i.e. recovery of possession along with the prayer for declaration of title but the plaintiffs have pray......ground of the discussions 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 MLR (AD) 105. ......ame in part and thereby declaring title of the plaintiff Nos.2-4 acquired by the kabala dated September 30, 1975 and also declaring title of the defendant Nos.1 and 2 to have been acquired by adverse possession in respect of the part of the land in suit and that further declaring the judgment and de..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent, void and not binding upon them and for declaration that the suit property is not vested property and also prayed for declaration of title and subsequently by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi was the own...... void and not binding upon them and for declaration that the suit property is not vested property and also prayed for declaration of title and subsequently by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi was the owner of..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......83 and there has been separation of the holding and the parties are in enjoyment separately by constructing different structures having separate boundaries, that father of the purchaser had been in possession of the demised land with structures as a Bharatia under the vendor, and he (pre-emptee) m..Category: Property Law | Date: | Hits: 35
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......o. 657 of Mouza Chandpur Municipality and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta executed a bainapatra and put him in possession and agreed to execute sale deed on payment of the balance amount; subsequently Anuk..Category: Property Law | Date: | Hits: 30
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... 2. The predecessor of the petitioners namely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazipur for declaration of title and recovery of khas possession of .09 acres of land as mentioned in the schedule of the plaint, alleg......predecessor of the petitioners namely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazipur for declaration of title and recovery of khas possession of .09 acres of land as mentioned in the schedule of the plaint, alleging, inter al......cessor of the petitioners namely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazipur for declaration of title and recovery of khas possession of .09 acres of land as mentioned in the schedule of the plaint, alleging, inter alia, t..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....ings of Title Execution Case No. 4 of 2000. 2. Respondent Nos. 2-4 as plaintiffs filed Title Suit No. 215 of 1996 before the 1st Court of Assistant Judge, Dhaka for declaration of title and recovery of possession of the suit property against respondent No.1 and proforma respondent No......hy;tested the miscellaneous case filing a written objection who, during pendency of the said miscellaneous case, also filed an application on 3.7.2000 to execute the ex-parte decree by recovery of khas possession of the suit property of the aforesaid Title Suit No.127 of 1997. The applicati......e Execution Case No. 4 of 2000. 2. Respondent Nos. 2-4 as plaintiffs filed Title Suit No. 215 of 1996 before the 1st Court of Assistant Judge, Dhaka for declaration of title and recovery of possession of the suit property against respondent No.1 and proforma respondent Nos. 5-6 imple..Category: Property Law | Date: | Hits: 33
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....ow Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property des......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......rict Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in sch..Category: Property Law | Date: | Hits: 40
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....rit petition involved complicated questions of fact as to title and also as to possession and dispossession which could not be decided without filing a proper suit for declaration of title and recovery of possession and, as such, the writ petition is not maintainable. The MLO No. 128 of 86 ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......ls of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286/310 of SA Khatian No. 165 (Sabek) and 137(hal) of Mouza Begunbari, PS Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes, etc. but they were dispossessed theref..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....decree dated March 30, 1968 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It......March 30, 1968 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case...... 30, 1968 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of t..Category: Property Law | Date: | Hits: 44
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......migrated from India, generally known as "Behari Refugees". The quarter was allotted under a Lease Agreement to respondent No. 2, Shamsuddin, in 1965 for his residence, but he immediately after taking possession entered into an Agreement with respondent No. 1, Ibrahim, to sell it on a consideration o..Category: Property Law | Date: | Hits: 40
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......ndary wall or cutting away trees from the suit land. The trial court by order dated 9.11.2002 issued notice upon the defendants and ad-interim injunction was also passed not to disturb the peaceful possession of the plaintiffs. Defendant No.1 appeared in the suit and filed written objection ..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......ala dated 25th Falgoon, 1345 B.S. corresponding to March 9, 1939, that Tofazzal and his wife were living in the house of Izzatullah Chowdhury, that since transfer Tofazzal Hossain had been in possession of the land of schedule 'Kha' and 'Ga' till his death in 1353 B.S. and after his death k..Category: Property Law | Date: | Hits: 67
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......wed on 19 August 1968. Defendant No. 6 took an appeal thereform but the settlement in favour of the plaintiff was confirmed and a direction was issued on 3 May 1969 to give settlement of some other khas land to defendant No. 6. Aggrieved defendant No.6 challenged the said order in Title Suit No. ......s name in Khatian No. 646.This settlement was necessary for the purpose of his duty as shebayet of the deity kali installed in a temple upon the adjoining land. The plaintiff had since been in possession of the said land. Defendant No.6 applied for settlement of the same land and obtained i..Category: Property Law | Date: | Hits: 35
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