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Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......t it is found plainly difficult to sustain the ultimate order refusing to interfere with the impugned notification. It appears that there is not a shred of paper to show that the government ever took possession of the house as abandoned property at any time and as to actual possession, the responden..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......dation of the petitioner. "The District Judge informed the Law Ministry and it appears, the Law Department by its Memo dated 18.5.79, requested the Deputy Commissioner to return the premises to the possession of the District Judge "to solve the problem of the accommodation of the judicial offi..Category: Property Law | Date: | Hits: 30
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....tion 42 of the Specific Relief Act (for want of future relief) but because the plaintiff failed to prove totality of his case including his title and hence his later suit for declaration of title and recovery of possession was barred by res judiciata. In view of explanation IV of section 11 of the C...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......he Specific Relief Act (for want of future relief) but because the plaintiff failed to prove totality of his case including his title and hence his later suit for declaration of title and recovery of possession was barred by res judiciata. In view of explanation IV of section 11 of the Code of Civil..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......Defendant No.1 and his (Plaintiffs) vendor defendant No.2 Abedulla obtained well-demarcated .2125 ajutangsha land from C. S. Plot No. 17 under two registered deeds dated 4.1.54 and 5.1.54 and started possession by erecting structures, etc. The Plaintiff has claimed his share on the basis of his purc..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......dmittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of continuous possession since purchase would be of no consequence. Unless there is a partition by, ”mets and bo..Category: Property Law | Date: | Hits: 45
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......ansfer of land apparently before his own settlement was completed. Thus he having parted with the land under proposed settlement, he was not entitled to an order of injunction to maintain his alleged possession……………….(7 & 8) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....ppellate Court. 2. Facts of the case, briefly, are that the plaintiffs filed other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land origina......ourt. 2. Facts of the case, briefly, are that the plaintiffs filed other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land originally belonged...... 2. Facts of the case, briefly, are that the plaintiffs filed other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land originally belonged to on..Category: Property Law | Date: | Hits: 85
....uctures and then the plaintiff on 19th February, 1974 filed an application under Order 6, rule 17 of the Code praying for amendment of the plaint by adding a new prayer for declaration of title and recovery of possession for 108’ x 5’ of land east to west covering an area 21 cents alleged to h......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......then the plaintiff on 19th February, 1974 filed an application under Order 6, rule 17 of the Code praying for amendment of the plaint by adding a new prayer for declaration of title and recovery of possession for 108’ x 5’ of land east to west covering an area 21 cents alleged to have been enc..
Category: Property Law | Date: | Hits: 36
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......s Samad Shaikh in equal shares as under raiyats with right of occupancy under the raiyati recorded in C.S. Khatian No.38 of the said mouza. The said two plots, namely, 1202 and 1203, were recorded in possession of Abdus Samad and the said C. S. Khatian were finally published on 13.5.1927. Delwar Sha..Category: Property Law | Date: | Hits: 33
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......lly the same provisions was executed by M. A. Sabour for self and as legal guardian of his minor daughter Hosne Ara in respect of their properties in West Bengal, India. The respondents were put into possession of the property in Khulna in pursuance of the said contract. 4. The appellants Title ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......pplying; (ii) Whether the contiguous land of the tenant is homestead land or any other class of land; (iii) Extent of contiguity; (iv) To what extent it is necessary for applicant to have possession of the contiguous land, and (v) The right of easement, if any, of the applicant” ..Category: Property Law | Date: | Hits: 32
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......e illegal, void, ineffective and without jurisdiction. 2. The short fact relevant for our purpose is that plot No. 99 had been an abandoned ditch and the said plot belonged to the Government khas Khatian No.1; that the plaintiff applied to the local revenue authority for getting settlemen...... jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property being in possession and the Government also admitted his possession in the written statement and the land ha..Category: Property Law | Date: | Hits: 24
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......ion discharged the Rule. 4. The learned counsel appearing for the defendant No.8 petitioner has submitted that the courts below failed to consider that the defendant No.8 petitioner is in possession of .87 acres out of suit property which was purchased by him by 3 (three) registered kab..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......id defendant was collusive, void, fraudulent and not binding upon the plaintiff alleging, inter alia, that the parties were closely related to each other being brother and sister and for convenient possession of their inherited properties there was a deed of partition amongst them and accordingly..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......nd others and that he took settlement of 19.29 acres of land on 12th Poush, 1336 B.S. and that later on he took settlement of the aforesaid land on 7th Magh, 1336 B.S. on payment of proper salami and possession was delivered to him, that he is enjoying the land but because of the laches of the per..Category: Property Law | Date: | Hits: 38
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. 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. ......the suit. 20. 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. ......es. It is also the case of the plaintiff that she never intended to execute any Heba-bil-ewaz deed in favour of the defendant and that the said Heba-bil-ewaz deed was not acted upon since she is in possession of the property and enjoying the same, that she became certain about the Heba-bil-ewaz d..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......mitted that the same was for 10 years and that also referred to an averment in the said kabuliyat which "Meyad onte ukto jami jomar shohit amarkono shotto shomporko thakibena uha shokol prokar khash dakhole paia onnotro potton karite pariben tahate nibedan apotti karite paribona ". In t...... Division made the Rule absolute upon observing that the trial Court on consideration of the evidence was quite correct in arriving at the finding that the plaintiff has right, title, interest and possession in the land in suit and the defendants failed to show that the plaintiff is their tenant..Category: Property Law | Date: | Hits: 36
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....tted by the plaintiff, that prior to the execution of the deed Abdur Rashid became ill and there is no independent and disinterested witness to establish that he recovered from illness and on such recovery he executed the deed. It is the case of the plaintiff that two days after the execution of......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......the collection of the stamp, Abdur Rashid became ill and after two months he recovered and on March 8,1995 upon accepting the price claimed by. Abdur Rashid executed the deed of sale and made over possession of the land so agreed to sell, that Abdur Rashid assured the plaintiff that he would reg..Category: Property Law | Date: | Hits: 26
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......t.1 which was registered. The plaintiff possessed the suit land, paid rent but it again went under water in 1362-63 B.S. only to reappear again in 1374 B.S. since when the plaintiff claims to be in possession. The Suit land was, however, recorded in S.A. Khatian in the name of the Government and r..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... by s.18 of the Ordinance. Sub-section (1) of s.18 provides: "Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full e...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......11(g) of the T.P. Act. Under this section a tenancy may be determined if the tenant violates any expressed condition of the tenancy stated in the agreement of tenancy. Continuation of the appellant's possession of the premises on expiration of the period of the tenancy on 31.12.83 is not unauthorise..Category: Property Law | Date: | Hits: 45
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