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ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......e lease of the suit land by defendant Nos. 1 to 3 is illegal, without jurisdiction, collusive and not binding upon the plaintiff and for permanent injunction restraining the defendant from giving possession to defendant No. 3. Her case was that she purchased the suit land from one Gopal Chandr..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......ift of the suit land to them by executing the Hiba-bil-Ewaz deed on 22.1.75, that the daughters presented a piece of Holy Koran to their father in exchange of the suit land and that they have been in possession of the land since the gift was made to them. 5. The learned Munsif decreed the suit up..Category: Property Law | Date: | Hits: 33
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....m the heirs of Kala Chand and Adhar Chand, two of the original owners; excepting this portion they supported the claim of the Vested Property officials that the suit land is an enemy property for the recovery of which, the Vested Property Case has been rightly filed. 4. The trial Court decreed th......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......o. 273 of 1937 of the Second Court of Munsif, Chandpur. Jadhulal Banikya, son of Jugal Chand, purchased the land as benamdar of the plaintiff by a registered kabala dated 12 August 1947 and went into possession. The land was under requisition by the Government from 1949 to 1976; part of the requisit..Category: Property Law | Date: | Hits: 75
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......d. Defendant No.1 has no right, title and interest in the suit land. Having failed to obtain the land amicably on demand the plaintiff was constrained to file this suit for declaration of title and khas possession. 3. Defendant—1 Appellant contested the suit by filing a written statement deny......act, but the High Court can give a finding which has not been given by the lower appellate court on the evidence on record. The suit was instituted in 1974 on the allegation that the plaintiff was in possession and then dispossessed by the defendant in 1376 B.S. The finding of the lower appellate co..Category: Property Law | Date: | Hits: 46
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......aintiff by kabala dated 7.9.57. Pro forma defendant No. 6 Jabed Mondal also sold some portion of the share of the jama to the plaintiff. The plaintiff and pro forma defendant No. 6 were threatened dispossession and as such they filed Title Suit No. 205 of 1958. The suit ended in compromise by the sa..Category: Property Law | Date: | Hits: 49
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....rightful owner from the date of discontinuance of possession or dispossession, as the case may be, and under section 28 of the Limitation Act the right is extinguished, if no suit for recovery is instituted by him within the statutory period." 21. In Ejaz Ali ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. .............. Appellants Vs. A. K. Noor Mohammad & ors……...........................….Respondent Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appe..Category: Property Law | Date: | Hits: 36
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......if, Natore for a declaration that the 4 kabalas alleged to have been executed by them on 24.5.73 in favour of the defendants appellants were hit by section 23 of the Contract Act and also for possession of the land. 3. Plaintiff's case was that the land described in schedule Ka..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......tion and Tenancy Act from the Deputy Commissioner, Rangpur as to why the land in question should not be treated as abandoned property and the Government of Bangladesh would not enter into the khas possession on the death of Gouri Dasi who died intestate. A Misc. Case was started being Case ......other who was once a prostitute by profession and subsequently gave up and led a married life. She purchased a land in question oat of her own income in 1953. She had been in actual, physical possession of this land till her death on 26.5.76 by paying rent and other taxes to the Pourashava ..Category: Property Law | Date: | Hits: 112
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......f had assured to execute the kabala after obtaining a Nadabi from his aunt; that the defendant paid Tk. 7100/- in all upto February, 1963 and was willing to pay the balance and that he was in possession in part performance of the contract. On this averment the suit was contested. 4...Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ...... Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody and management of certain property. The received is the custodian of the prop..Category: Property Law | Date: | Hits: 39
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ond Appeal No. 1355 of 1968. 2. Defendants are the appellants Plaintiff respondent filed Title Suit No. 66 of 1966 in the Court of Munsif, 2nd Court, Serajganj for declaration of title and recovery of possession. His case was that the suit land described in the schedule ‘Ka’ ......ssession by making reservation as under: "The PRR in my opinion has been correctly recorded in the names of Sannyals because they did not lease out to either party. It is their khas land. Neither plaintiff's vendor nor defendants was able to record their names in the PR......o. 1355 of 1968. 2. Defendants are the appellants Plaintiff respondent filed Title Suit No. 66 of 1966 in the Court of Munsif, 2nd Court, Serajganj for declaration of title and recovery of possession. His case was that the suit land described in the schedule ‘Ka’ and ‘K..Category: Property Law | Date: | Hits: 27
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......a of 9.09 acres of land including a tank, which admittedly belonged to appellants in Civil Appeal No, 60 of 1983, was requisitioned under section 3 of the Emergency Requisition of Property Act, and possession was taken on 8 March 1961 for construction of WAPDA Colony. Subsequently, the land was ..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......ith her and her husband in the same house and as such Hiralal was the proper person besides her to look after the property of her husband. She also contended that the property was all along in her possession. 4. The learned District Judge on consideration of evidence led by both the..Category: Property Law | Date: | Hits: 118
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......agreement on October 14, 1971 with Abdus Sattar Solaiman, who is the sole owner of the disputed property to sell it to him at a consideration of Tk. 1,00,000/-. On payment of Tk. 75,000/- as advance, possession of the premises was given to the appellant. It was agreed that the seller would execute a..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......e. He stated that the application was malafide and aimed at suppressing the plaintiff’s misdeeds, namely, transferring properties of schedule 1 to defendant Nos. 4-10 who are tenants in possession of the premises of schedule 1 and the suit as well as the application were filed by him..Category: Property Law | Date: | Hits: 45
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......eclaration of their title to the suit land. Their case is that the suit land previously belonged to Nafar Roy who after possessing the suit land died leaving 2 sons, Basu and Suvia Roy who being in possession of the suit land sold it to one Felu Mondal by registered kabala dated 30.5.1927: there..Category: Property Law | Date: | Hits: 30
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......mp; ors...................................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were t..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......s a stranger-purchaser auction purchased the same in money execution case, the mortgagor's right to redemption came to an end and the auction purchaser acquired only the right to recover khas possession of lands as an abandonment of the holding or by annulment of the encumbrances and a......put to auction in Execution Case No. 189 of 1933 which was filed against Abdus Samad and others. One Purna Chandra Sarkar auction purchased the lands on December 14, 1933 and took delivery of possession on August 20, 1935 through Court. On December 1, 1940 he sold the lands to Abul Bas..Category: Property Law | Date: | Hits: 35
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....gment and decree dated 30.7.74 passed by the learned Subordinate Judge, 1st Court, Mymensingh, in Other Class Suit No. 88 of 1973. 2. It was a suit for specific performance of contract and recovery of possession from the defendant No. 1 Aziza Bibi. The Government of Bangladesh and t......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....is entitled to protection under section 7 of the said Act. 2. Respondents-plaintiffs filed Title Suit No. 51 of 1965 in the 3rd Court of Munsif, Jessore, for ejectment of the appellant and recovery of khas possession of the suit land. The suit land lies within the Jessore Municipal Area ......to protection under section 7 of the said Act. 2. Respondents-plaintiffs filed Title Suit No. 51 of 1965 in the 3rd Court of Munsif, Jessore, for ejectment of the appellant and recovery of khas possession of the suit land. The suit land lies within the Jessore Municipal Area and it ad&s......otection under section 7 of the said Act. 2. Respondents-plaintiffs filed Title Suit No. 51 of 1965 in the 3rd Court of Munsif, Jessore, for ejectment of the appellant and recovery of khas possession of the suit land. The suit land lies within the Jessore Municipal Area and it admi..Category: Property Law | Date: | Hits: 39
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