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Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....f -appellants of Civil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of th......s of Civil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the suit land.......ivil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the suit land. Defen..Category: Property Law | Date: | Hits: 106
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....de before the Court of chief Metropolitan Magistrate, Chittagong and on the same day the petitioner also filed a Petition Case No. 221 of 2003 under Section 98 of the Code of Criminal Procedure for recovery of the fishing trawler F.V. Champa and thereupon the learned Chief Metropolitan Magistrate......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ...... the trawler in favour of the petitioner upon execution of bond amounting to Tk. 1,50,00000/- (Taka one crore) and fifty lacs) and accordingly the trawler was given Jimma to the petitioner who got possession thereof on 13-11-2003. 5. Against the said order of Jimma dated 11-11-2003 ..Category: Property Law | Date: | Hits: 31
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ded. He also admitted that the said land was acquired for the rehabilitation of the refugee from India. Furthermore, he said that through L.A. Case Nos. 50/51-52 and 51/52-53 the suit land was made khas by the Government. The trial court observed that P.W. 1 was one of the defendants in Title Su......ord of the suit land i.e. 0.70 decimals of land gave pattan to Anil Ranjan in 1335 B.S, who in turn gave the said 0.70 decimals of land to Monindra Nath Pramanik by way of pattan and delivered possession. Monindra Nath Pramanik sold 0.70 decimals of land to the plaintiffs by kabala dated 17..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....ndant No.1 is void in the eye of law, that although defendant No.1 has stated that Nalini took away unregistered deed of gift from her and did not return the same but she did not take any step for recovery of deed of gift from Nalini, that from the papers relating to the revenue proceeding it is......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ft, that the claim of the defendant No.1 of having the land in suit by deed of gift is false and the deed of gift, it any, is forged, that plaintiffs as heirs of the 3 sons of Jatindra are in possession of the land in suit and enjoying the same, that the defendant No.1 is living with the pl..Category: Property Law | Date: | Hits: 23
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....ration money is not paid or is part paid or part promised. He next submits that in the case of non-payment of full consideration money or part consideration, the vendor may sue the vendee for recovery pf the consideration money. 11. Section 54 of the Transfer of Property Act (Act IV ......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......y;nally belonged to Monindra Nath Mondal, the defendant No.2 in raiyati right who sold the suit land to the plaintiff by registered kabala dated 23.04.1970 and since then the plaintiff has been in possession of the same. At the time of kabala Monindra Nath Mondal disclosed to ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......ur of the plaintiff's father and as such claim of the plaintiff in respect of the land in suit is baseless, that the suit land has been recorded in the name of the Government in khas khatian No.1, that trial Court having had held that the plaintiff has failed to prove his titl......endra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so gifted, that plaintiff's father Suresh Chandra Sarkar died leaving th..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......rvey the land became cultivable and on the basis of R.S record the Revenue personnel prepared the S. A. record in respect of the land in suit as diluvial land, that the land in suit is not the khas land of the Government, that the defendant No.1 i.e. Assistant Commissioner (Land) Nazirpur h...... plaintiffs acquired the land by purchase from the heirs of Daraj Ullah and possessing the same, that at one time land in suit diluviated but later on alluviated and that the plaintiffs are in possession of the land in suit for about 40 years, that at the time of R. S. record the land was d..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......ree dated April 30, 1982 of the Court of Munsif (now Assistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plain......ated April 30, 1982 of the Court of Munsif (now Assistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plaintiff,..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......s thereon Abdul Jalil with his family members took shelter in Murapara Camp of Dhaka District during the war of liberation. During his temporary absence from the suit property some miscreants took possession of the property illegally and managed to get it declared as abandoned property. Abdul Ja..Category: Property Law | Date: | Hits: 34
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ...... land appertaining to C.S. Khatian Nos. 574 and 343 of Mouza Ekbarpur, Police Station-Pirganj, District-Rangpur to the plaintiffs on various dates from 1348 B.S. to 1353 B.S. The plaintiffs are in possession of the same by paying rent regularly. The suit property was correctly recorded in the na..Category: Property Law | Date: | Hits: 37
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......ner. The respondent instituted Other Class Suit No. 60 of 1997 praying for permanent injunction restraining the defendant-petitioner from dispossessing or creating any disturbance in their peaceful possession of the suit property stating, inter alia, that the property originally belonged to Ganj..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......e of Tk. 314/- per month. The Ministry of Works by letter dated 30.12.1975 informed the plaintiff that the Government had decided to hold the suit property and requested the plaintiff to hand over possession of the same to the Executive Engineer, City Building Division P.W.D. within 30 days of t..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......ppears that the plaintiff could not prove that he entered into possession of the suit land or any portion thereof and that he was dispossessed by the defendants. Therefore, the question of getting khas possession by him does not arise. It further appears that the plaintiff could not prove that t......ange and got a decree. The present plaintiff preferred an appeal but the plaintiff lost the appeal. The further case of the plaintiff is that in pursuance of that contract the plaintiff handed over possession of his ‘Ka’ schedule property in India to Shibnath Ghose and others and the..Category: Property Law | Date: | Hits: 32
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ...... to build a 4 stored building and that he has started foundation work, that on June 2, 1987 defendants threatened him to dispossess from the land in suit, although defendants have no right, title, possession and interest in the land in suit and that paper on the basis of which defendants have ra..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......1985 for ejectment of the predecessor of the respondent Nos. 1 and 2 and the suit was decreed ex-parte on 01.10.1989 and the plaintiff respondents put the decree into execution and got delivery of possession through court on 28.11.1989. The aforesaid respondents filed Miscellaneous Case No. 456 ..Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....n Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant preferred Title Appeal No. 395 of ......t No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant preferred Title Appeal No. 395 of 1963 which w...... 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant preferred Title Appeal No. 395 of 1963 which was al..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......orporation including the one which is the subject matter of the present appeal are not abandoned property and for release from the list of abandoned property and a further prayer for restoration of possession of the properties to the writ-petitioners, that the High Court Division made the Rule ob..Category: Property Law | Date: | Hits: 38
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....ary 24, 1994 of the Court of Senior Assistant Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the ...... of the Court of Senior Assistant Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in th...... dated February 24, 1994 of the Court of Senior Assistant Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declarati..Category: Property Law | Date: | Hits: 48
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ....... The learned Munsif allotted specific sahams to the plaintiffs and some of the defendants on 24.4.1988; the respondent Nos.1-9 filed an application for execution of the said decree in order to get possession of their respective sahams as allotted by the learned Munsif, in preliminary decree. Th..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....tions 5 (1a) and (3) of the Act had not been served upon the plaintiffs, that the present suit was barred under Order 2, rule 2(1) of the Code of Civil Procedure as the plaintiffs omitted to pray for recovery of possession in the earlier suit, that the instant suit for the said relief was hit by A......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......der section 3 of the Emergency Requisition of Property Act, 1948 (hereinafter referred to as the Act) for the defendant-respondent No. 3, the Railway Board. The requisitioning authority took over possession of the suit land from the plaintiffs on 21.6.60. The suit land was requisitioned with the..Category: Property Law | Date: | Hits: 38
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