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Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 .......71 measuring more or less 1 bigha 5 katha for 99 years. The Lodge Dhaka, a Philanthropic Organization executed the Kabuliyat at an annual rental of Tk.135/-. Since then the plaintiff was in peaceful possession of the property. In December 1972 the Lodge Dhaka was renamed as the Dhaka Lodge. It seem..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......laintiff claimed the suit land by virtue of purchase by a registered kabala dated 30th Falgoon 1353 B.S. corresponding to 14th March, 1947 A.D. At the time of purchase Vender's guard, Hasumia, was in possession, but as he refused to deliver the possession, he filed Title suit No. 5 of 1950 and took ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......2.72 and in pursuance of which the document of the defendant was registered by the vendor. Hence it is the defendant's document that will prevail on the plaintiff’s document and the defendant is in possession which was established on evidence. A document that has been registered relates back to th..Category: Property Law | Date: | Hits: 118
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......elevant portion may be quoted: "And whereas it has been decided to release the said property/properties from such requisition; And whereas it has been held that you are entitled to get possession of the said properly/ properties; I hereby order that possession of the said propert..Category: Property Law | Date: | Hits: 49
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......dated 13.4.63. The stipulation was that the property will be sold to S.M. Ismail at a consideration of Tk. 35, 000/- Hemnalini received Tk. 27,400/- as advance and executed a bainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale..Category: Property Law | Date: | Hits: 47
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....nt is in possession of the property and this is the admitted position as to possession which prompted the court of first instance after having found title of the plaintiff to pass a decree for recovery of possession. Nobody admitted that defendant dispossessed the plaintiff. Further the lowe......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 possessions. 3. Defendant-1 Appellant contested the suit by filing a written statement......endant 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 possessions. 3. Defendant-1 Appellant contested the suit by filing a written statement denyi..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......No. 91 of 1970. He, however, did not obtain any kabala from Court in pursuance of the decree. He claimed that according to the provisions of section 53A of the Transfer of Property Act he being in possession of the aforesaid .02 acre of plot No. 404 became a co-sharer in plot No. 404. He came to..Category: Property Law | Date: | Hits: 48
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......abala, the vendors being the members of the Minority Community, it was decided that they would execute the necessary document when that difficulty would be over. After putting the plaintiff in possession of the case land the defendants went to West Bengal. The plaintiff left the suit land w..Category: Property Law | Date: | Hits: 50
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......ry, predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from the appellant on 1st October 1952 by mortgaging his landed property in P.S. Hathajari. Appellant was put in possession of the mortgaged property. Umesh Chandra Chowdhury died leaving respondent Nos. 2-6 as h..Category: Property Law | Date: | Hits: 70
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......ould not be declared to have been made without any lawful authority and of no legal effect and as to why they should not be directed to release the holding in favour of the appellant and restoring possession thereof which are in occupation of allottees of the Government. The holding was in effec..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ...... sovereign function "performing function in connection with affairs of the republic or the local authority”. Such function can best be appreciated if matters of settlement of hat, bazar, fisheries, khas land, etc. are kept in view. The Government acts in these affairs in pursuance of some statut......he order by way of writ, namely, Writ Petition No.19 of 1982. The rule was made absolute and the High Court Division declared the cancellation order as void, whereupon the appellant was inducted into possession in September, 1982. 3. As per stipulation that the appellant should show some developm..Category: Property Law | Date: | Hits: 87
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......r-in-law's house as a domesticated son-in-law till his death; that the plaintiff was born and brought up in maternal grandfather's house and he lived there end he bed no interest nor any possession in any part of the partible land. 4. Defendant Nos. 2, 3, and 5, the subsequ..Category: Property Law | Date: | Hits: 37
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
.... sale-deed was void being brought about by fraud, collusion and misrepresentation. Defendant Sufia Khanam then filed the other suit, T.S. No. 87 of 1967 for declaration of her title and recovery of possession of the suit land on the basis of the Sale- deed registered in pursuance of h......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......as void being brought about by fraud, collusion and misrepresentation. Defendant Sufia Khanam then filed the other suit, T.S. No. 87 of 1967 for declaration of her title and recovery of possession of the suit land on the basis of the Sale- deed registered in pursuance of her decree pa..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....behalf of the deity Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was n......e deity Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was no sebait at ......y Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was no sebait at the ak..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....possession of a mortgagee in a share of a joint property belonging to a Muslim family was held to be adverse against his mortgagor’s co-sharers and the suit by other members of the family for recovery of possession was held barred by limitation under Article 144, Limitation Act. As to ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......ty of 20 pakhis of land on 2.6.1920 from one Md. Yunus Bepari. It is stated that Jobeda Khatun took settlement of 13 pakhis and Hedayet Baksha took settlement of 6.5 pakhis of land. While in ejmali possession Hedayet died in 1934 or 1935 leaving behind plaintiffs 1 and 1 and his widow plaint..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....nt appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh town bearing Municipal holding No. 231 (present holding No. 66 and 66A) and for recovery of khas possession after demolishing the structures standing thereon. 3. Plaintiff's cas......s praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh town bearing Municipal holding No. 231 (present holding No. 66 and 66A) and for recovery of khas possession after demolishing the structures standing thereon. 3. Plaintiff's case was that t......ying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh town bearing Municipal holding No. 231 (present holding No. 66 and 66A) and for recovery of khas possession after demolishing the structures standing thereon. 3. Plaintiff's case was that the la..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......ading respondent No.1 as defendant No.1 along with other defendants for a decree for establishment of title and confirmation of possession with a prayer for permanent injunction and alternately for khas possession on setting aside an order of requisition of the suit property under section 3 of the......No. 19 of 1977 in the 3rd court of Subordinate Judge, Chittagong impleading respondent No.1 as defendant No.1 along with other defendants for a decree for establishment of title and confirmation of possession with a prayer for permanent injunction and alternately for khas possession on setting a..Category: Property Law | Date: | Hits: 48
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......mentioned). In the circumstance the new hat established in the plots mentioned above is hereby forfeited to Govt. under Ord. XIX of 1959 as amended by Act XII of 1967. Request S.D.O. to take over possession of the bat with lands and buildings if any manage the same as per provisions of P O. No. ..Category: Property Law | Date: | Hits: 202
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition. 3. Main contesting defendant in the suit was defenda......4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition. 3. Main contesting defendant in the suit was defendant No..Category: Property Law | Date: | Hits: 48
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....is contention evidence, both oral and documentary, has been led by the appellant. It is that after the purchase under Ext.1, and when Hashmatullah was a tenant, the premises was sold in auction for recovery of some public dues and it is the appellant who got the sale set aside. In this connectio......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a tenancy is created it will be presumed that it is continuing, unl..Category: Property Law | Date: | Hits: 37
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