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Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... on payment of rent and that during the last survey the land in suit instead of being recorded in the name of the plaintiffs or their predecessor was wrongly recorded in the name of the Government in khas khatian No.1 though Government has no right, title and possession in the land in suit and tha......3-8 and a son by name Abdus Sobhan who died leaving wife plaintiff No. 9, three sons, plaintiff Nos.10-12 and two daughters, plaintiff Nos.13 and 14. It is the case of the plaintiffs that they are in possession of the land for more than 12 years on payment of rent and that during the last survey the..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ...... 1989 of the Court of Assistant Judge, Kaligonj, District Jhenidah. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possessio......of the Court of Assistant Judge, Kaligonj, District Jhenidah. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of t..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... Nos.1-5, of whom defendant No.5 is the maternal aunt of the plaintiff and the defendant Nos.1-4 are the close relations of the defendant No.5, that plaintiff in pursuant to the said act made over possession to the defendants, that at the time of transfer many elites of Srimongal Town were prese..Category: Property Law | Date: | Hits: 35
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....t the writ 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. 128/86 dated 1......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......on, Dhaka in favour of the appellant. The further case is that in the meeting of the respondent No.3 of the Writ Petition No.6140 of 2000 held on 12.06.1996 the decision was taken to give delivery of possession of the land to the appellant by evicting the trespassers. Accordingly, the respondent..Category: Property Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......their favour fraudulently by showing the same to have been executed by Kancha Mai though they never claimed the suit land by virtue of that fraudulent kabala nor did they any try to take possession of the suit land during their life time on the basis of the said kabalas; the plaintiff ..Category: Property Law | Date: | Hits: 27
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ...... and order dated 13.12.2004 passed by a Division Bench of the High Court Division in Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the respondent within 15 days failing which the trial court is t..Category: Property Law | Date: | Hits: 41
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
.... Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declaration o......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ...... ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declaration of title and ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit ..Category: Property Law | Date: | Hits: 48
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... on July 15, 1978 transferred 12 Tea Estates to the appellant which also includes the above mentioned Tea Estate and the appellant by the aforementioned agreement became the absolute owner in possession and control of the estate. The appellant came to know that on April 22, 1998 the Additi..Category: Property Law | Date: | Hits: 43
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......under the name and style "Parda Bitan" and defendant No.3 is running business in another room in the name of "Khan Brothers"; the plaintiff having facing inconvenience in joint possession and management of the suit properties requested the defendants for partition but they ha..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... 4. The learned Joint District Judge, 2nd Court, Narayangonj, after hearing the parties decreed the suit on 31.12.2002 in favour of the plaintiff and directed the plaintiff to file a petition for recovery of khas possession. The trial Court accordingly gave possession to plaintiff in an executi......arned Joint District Judge, 2nd Court, Narayangonj, after hearing the parties decreed the suit on 31.12.2002 in favour of the plaintiff and directed the plaintiff to file a petition for recovery of khas possession. The trial Court accordingly gave possession to plaintiff in an execution case and ......is main defence was that by two registered sale deeds being Nos. 965 and 966 dated 30.01.1970 the plaintiff transferred the suit land to Golap Banu and her husband, Jainal Abedin and delivered them possession. The said Golap Banu and Jainal Abedin then transferred the suit land by sale deed No.45..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
....r Assistant Judge, Nalitabari in Other Class Suit No. 90 of 1991. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 90 of 1991 before the Senior Assistant Judge, Nalitabari for recovery of possession of the possession of the suit land under Section 9 of Specific Relief Act st...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......Judge, Nalitabari in Other Class Suit No. 90 of 1991. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 90 of 1991 before the Senior Assistant Judge, Nalitabari for recovery of possession of the possession of the suit land under Section 9 of Specific Relief Act stating, inter..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....at the predecessor-in-interest of the respondent Nos.1 to 8 instituted the Title Suit No.120 of 1992 in the Third Court of the then Subordinate Judge, Dhaka on 27.06.1992 for declaration of title and recovery of khas possession of the suit property after removing all structures from the suit propert......cessor-in-interest of the respondent Nos.1 to 8 instituted the Title Suit No.120 of 1992 in the Third Court of the then Subordinate Judge, Dhaka on 27.06.1992 for declaration of title and recovery of khas possession of the suit property after removing all structures from the suit property stating, i......r-in-interest of the respondent Nos.1 to 8 instituted the Title Suit No.120 of 1992 in the Third Court of the then Subordinate Judge, Dhaka on 27.06.1992 for declaration of title and recovery of khas possession of the suit property after removing all structures from the suit property stating, inter ..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....making the Rule absolute. 2. Short facts are that the petitioner instituted Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and also for partition alleging, inter alia, that the land measuring an......Rule absolute. 2. Short facts are that the petitioner instituted Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and also for partition alleging, inter alia, that the land measuring an area of .77......absolute. 2. Short facts are that the petitioner instituted Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and also for partition alleging, inter alia, that the land measuring an area of .77 acre..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......at the petitioners as plaintiffs filed Title Suit No.57 of 1987 in the Court of the learned Assistant Judge, Chougancha, Jessore for declaration of their title to the suit land and confirmation of possession therein stating, inter alia, that the 'Ka' schedule land of the plaint originally belong..Category: Property Law | Date: | Hits: 39
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....s Division in Civil Appeal No.21 of 1999. 2. The petitioners as plaintiffs filed Other Class Suit No.593 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiya......acres of land. That on 29.02.1975 the plaintiffs for the first time came to know that out of the said land .07 acres was recorded in their names while the rest .02 acres was wrongly recorded in the khas khatian of the government. During the pendency of the suit defendant-respondent No.2 disposse......n Civil Appeal No.21 of 1999. 2. The petitioners as plaintiffs filed Other Class Suit No.593 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the d..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......fic performance of contract on the averments that late Noor Ali Akunji, the defendant No. 1 in the above suit and the predecessors in interest of the respondent Nos. 5 to 12, was the owner in possession of the suit land measuring 3.93 acres and he on 29-11-1976 entered into an agreement wit..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
.... a trespasser upon the suit land on the strength of Exhibits 1 and 2; further in terms of section 5 of East Pakistan Ordinance No. XXIV of 1970 the Deputy Commissioner, Jessore, with a view to get recovery of possession of the suit land from the plaintiff and other unauthorised occupants, duly i......written statement contending that in view of the provisions under sections 14 and 14 Ka of Emergency Requisition and Acquisition Act 1948 and in the absence of seeking consequential relief of khas possession, the suit is not maintainable; the Government acquired the suit land alon......fter constructing house started living therein; Rustam Ali then entered into a contract for sale of the suit land with one Abdul Jabber, the defendant No. 4, on 25-12-1969 and also handed over the possession of the suit land to him; Abdul Jabber then by a registered kabala executed and registere..Category: Property Law | Date: | Hits: 37
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......ent filed an application in the said case for adding her as a party in that case on the allegation that the testator had entered into an agreement with her to sell schedule-1 property and made over possession to her. She further stated that she had already filed Other Suit No.34 of 1986 in the 1..Category: Property Law | Date: | Hits: 80
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......ooperative Society Ltd. and that, the suit property was purchased by the plaintiff society for construction of house; thereon, for distribution amongst its members and that the society was in possession of the property and the property, has been, mutated in the name of the society and..Category: Property Law | Date: | Hits: 33
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