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Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......w making a "show of transfer in order to put away his creditors". The court found that no actual transfer took place under the kabala sought to be pre-empted and that the vendor remained all along in possession of the land and as such the question of pre-emption could not arise. This colourable tr..Category: Property Law | Date: | Hits: 122
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......business at Dhaka staying at the house of his sister and they had no other house except the suit house at Dhaka. This statement by itself is a clear enough expression of a compelling necessity for possession of the suit house. It was not further necessary for him to say that he had an intention ..Category: Property Law | Date: | Hits: 26
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......ferred to her the disputed Plot No. 784 and that the fact of exchange was noted in the CS Khatian. Defendant No. 3 sold Plot No. 784 by a kabala dated 2.12.1968 (Ext. A) to defendant No. 4 who was in possession of that land through his bargadar. 4. Defendants did not challenge the plaintiffs tid..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......onsistent with common course of human conduct. It was created later on to defeat the case of the plaintiff. The learned SCC Judge fully discussed the evidence on record and found that Sunil was in possession of the suit premises. Ansar Ali was carrying on a separate business of onion, chillies, ..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. Th......d appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. The low..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......nd is a fishery, locally known as Magura beel fishery and it was recorded in the khatian of the Deputy Commissioner under section 20(3) of the State Acquisition and Tenancy Act as a non-retainable khas land and that the Government has been possessing the same since acquisition. 4. The su...... Ext. 6, that the plaint's case that Ram Proshad had interest to the extent of 14 annas and odd share in the suit land was altogether baseless; that the plaintiffs had not been able to prove their possession in the suit land; that they brought the suit as a test case by procuring dakhilas Ext. 2..Category: Property Law | Date: | Hits: 25
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......hange power of attorney was revalidated in East Pakistan on 6.6.64. 4. On coming to the then East Pakistan, the appellants found that the said Wiseghat property under requisition was in the possession of respondent No. 4 Bulbul Lalit Kala Academy as an allottee of the Government on a mont..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....to obtain a decree with full costs and damages." It has been held in Sreemati Ramsona Chowdhuri Vs. Naba Kumar Singha, 16 CWN 804, that even if an allegation is made that the arrears, for the recovery of which the sale was held at the instance of the Zamindar, were not due, the suit will b......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......931 Jatindra Kumar Basu and Basanta Kumar Basu auction purchased the entire pattani howla which was put to sale by the Bhulua Zamindars for arrears of rent. The auction purchasers took delivery of possession and transferred their pattani interest to five persons by five kabaias Exts. 2-2 (d) all..Category: Property Law | Date: | Hits: 28
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....ns of the appellant filed under section 115(1) of the Code of Civil Procedure. 2. Facts of the case, briefly, are that landlords-respondents No. 3-10 instituted Rent Suits No.15 and 16 of 1958 for recovery of arrear rent of 1362 B. S. against Rashid a Khatun (deceased), mother of the appellant ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......1985 on 9th December 1985. 2. The case of the appellant, Haruni Fishermen Co-operative Society, is that it was lessee of the disputed fishery for the period, 1389 to 1391 B.S. and as such was in possession of the same. On its application for extension of the lease for a further period of 3 ye..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......nd widow Saudamini who jointly sold the said land to Monoroma who in her turn sold the same to Satya Charan and the latter in his turn sold the same to Bhagaban Chandra Das. Bhagaban Chandra being in possession of '50 acre in Plot No.333 sold '25 acre of land on 13th February, 1956 to pre-emptor-res..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......if the auction sale stands, plaintiff-respondents can no longer claim any right, title and interest in the disputed land. Since possession was delivered to the Government which made the disputed land khas and were giving eksana leases to different persons during the years beginning from the date of ......no longer claim any right, title and interest in the disputed land. Under such circumstance the government settled the land with the defendant-appellants. Even though auction was held and delivery of possession was made and the respondents knew it and their prayer for setting-aside the sale was frus..Category: Property Law | Date: | Hits: 35
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ...... who had directed the appointment of an Advocate Commissioner to ascertain the value of a part of her building for payment of compensation to her by the decree-holders who were given a decree for khas possession over a land including this part of the building. Respondents obtained a preliminar......had directed the appointment of an Advocate Commissioner to ascertain the value of a part of her building for payment of compensation to her by the decree-holders who were given a decree for khas possession over a land including this part of the building. Respondents obtained a preliminary dec..Category: Property Law | Date: | Hits: 32
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......plication was filed by respondent No.5 before the High Court Division for vacating the said order of stay. In the application it was stated that the Nazir of the Upazila Nirbahi Officer delivered possession of the said five fisheries to respondent No. 5 which had been in possession and enjoyme..Category: Property Law | Date: | Hits: 45
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......ff-respondents filed a suit being Other Class Suit No.1 of 1966 against the Government in the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the suit land and that their possession was not unauthorised and that the entry of the name of Government in record of rights was..Category: Property Law | Date: | Hits: 63
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......t was averred by the plaintiff that the suit land was acquired by the Government under the provisions of the Emergency Requisition of Property Act, 1948 in favour of the plaintiff to whom delivery of possession was made in terms of a bilateral agreement between the Government and plaintiff. Governme..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......ed that it was abundantly clear that Jamir Ali and others did not only sell taluki interest in the suit land as wrongly held by the learned Subordinate Judge but as a matter of fact they sold their khash right in the property. Mr. Khandker submitted that the learned Judge of the High Court Divisio......the property devolved upon Raj Mohan and others by inheritance. They exchanged their lands including the suit land with defendant No. 1 by a deed of exchange dated 22.2,64 (Ext.B) Defendant 1 is in possession of the suit land by virtue of the said exchange and asserted that the M.R.R. Khatian was ..Category: Property Law | Date: | Hits: 43
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......hu transferred his share to defendants 3-10, who are strangers to his family. Hence the plaintiff filed the suit. 4. The trial court and the appellate court below found that the plaintiff was in possession of the homestead and there was no previous partition as was claimed by the defendants. Th..Category: Property Law | Date: | Hits: 45
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....erned by the Hindu Law in mailers of succession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupannama dated 14.3.37 was......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......er whether the Buddhists in Bangladesh are governed by the Hindu Law in mailers of succession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for decl..Category: Property Law | Date: | Hits: 32
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......anti share. 6. The Court of appeal below set aside the decree of the trial Court after considering that the defendant's case was not supported by the Sale Certificate and the writ of delivery of possession of the auction sale which rather lent support to the plaintiffs' claim; and that the plai..Category: Property Law | Date: | Hits: 36
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