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Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
.... under the Government and his only obligation is to pay rent. Clause (g) stipulates: "an arrear of rent payable under (clauses (e), (f) and (ff)) may, without prejudice to any other mode of recovery, be recoverable under the Bengal Public Demands Recovery Act, 1913" The rest of th...... The suit land is contiguous to his homestead. He grew jute to the knows ledge of the original landlord. Since 1940 he acquired tenancy right to the submit land but the suit land has been recorded as khas land of the Government. In 1964 he wanted to pay rent to the Hogla Tahsil Kutchery and there fo...... The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, from before. His tenancy right has matured over the last forty years and such right is e..Category: Property Law | Date: | Hits: 37
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....dgment and order passed by the High Court Division in Second Appeal No. 293 of 1976. 2. The appellants as plaintiffs instituted Title Suit No. 385 of 1966 in the 1st Court of Munsif, Bagerhat, for recovery of khas possession and mesne profits alleging, inter alia, that the suit plot being part of......rder passed by the High Court Division in Second Appeal No. 293 of 1976. 2. The appellants as plaintiffs instituted Title Suit No. 385 of 1966 in the 1st Court of Munsif, Bagerhat, for recovery of khas possession and mesne profits alleging, inter alia, that the suit plot being part of C.S. plot N......on 100 Adverse Possession. Possession is not adverse to the rightful claimant owners if it is not exercised in open assertion of hostile title. Isolated fact of user cannot constitute adverse possession in law. Once a tenancy comes into existence the tenant cannot convert his tenancy into a ..Category: Property Law | Date: | Hits: 63
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....erty, from Suprosonna, the previous owner, on 29-7-63 and the defendants paid the Municipal tax against distress warrant on 27-10-63. 10. Distress warrant is one of the most effectual remedies for recovery of rent and taxes. The term 'distress' primarily connotes a summary remedy by which the per....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......he rent is also Rs. 5/-more than the other premises. Under the circumstances, I think, Esarunnessa should be allowed to continue her business in the premises occupied by her. The plaintiff may take possession of the other premises occupied by defendant Nurul Islam for the purpose of his showroom..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....t Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and structure standing thereon and for recovery of possession of the same and for mesne profits. The suit was decreed by the learned ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......ose, but they were retained by the town clerk, acting under instructions of the Minister, for the temporary accommodation of evacuees. Subsequently on August 13, 1945 the Minister decided to retain possession of the premises for use as a hostel for the reception and housing of wives and children o..Category: Property Law | Date: | Hits: 48
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....d Munsif also noticed that the plaintiff after making the alleged demands for pre-emption, instead of filing the suit within one year from the sale, filed a pre-emption case with a prayer for recovery of khas possession. Plaintiff's case that he was ail along in possession of the land ......o noticed that the plaintiff after making the alleged demands for pre-emption, instead of filing the suit within one year from the sale, filed a pre-emption case with a prayer for recovery of khas possession. Plaintiff's case that he was ail along in possession of the land till middle ......se, the plaintiff-respondent having been dispossessed from the suit plot in 1962, the period of one year provided for institution of a suit for pre-emption is to be counted from the date of dispossession in 1962, and the suit was filed well within time. 3. Leave was granted to ..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....numbered as Title Suite No. 71 of 1961, against the respondents for establishment of their auction-purchased right and title in the suit land, for confirmation of possession in the alternative for recovery of possession from the main defendants and also for an injunction against them. The Suit l......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ...... This appeal by special leave is from judgment and decree of the High Court Division dated April 5, 1976 in Second Appeal No. 783 of 1962 dismissing the plaintiff appellant’s suit for title, possession and injunction, on reversing the judgment and decree of the lower appellate Court. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......ty in 1956 and within a year after, which is in 1957, filed the suit both on his behalf and as guardian of plaintiff No. 2, his brother, who still remained minor They claimed to have been in joint possession with the defendants of the suit property and demanded partition of their two third ..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......ld the entire plot to Abdus Sultan Wali Bhai who, in his turn, sold the entire 'A' schedule property with standing structures thereon to Mrs. Fatema Begum on January 8, 1955. Since then she was in possession of the property until she transferred 1 3/4 kathas of land along with standing st..Category: Property Law | Date: | Hits: 47
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
.... plaintiffs pray for a decree: (a) declaring plaintiffs' title to the suit land; (b) declaring that the plaintiffs are entitled to the membership in the Society; and (c) for recovery of khas possession after evicting the defendants. 5. In this background the defenda......t the defendants declaring the plaintiff's sole right, title and interest in the suit property; (ii) For a decree against the defendants entitling and declaring the plaintiffs to get vacant khas possession of the suit property and eviction of the defendants or their men; (iii)......defendants declaring the plaintiff's sole right, title and interest in the suit property; (ii) For a decree against the defendants entitling and declaring the plaintiffs to get vacant khas possession of the suit property and eviction of the defendants or their men; (iii) For a..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......tain: his application for pre-emption. 3. The learned Munsif dismissed the preemption case mainly on the consideration that the pre-emptor Rakhal Chandra Mondal was aware of (be fact of possession by the purchaser; and that the jama was separated at the instance of the pre-emptor Rakh..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ns and three daughters. The other son Abdul Hamid is very much a party to the proceedings in the separation case. His brother Abdul Gafur's name does not appear in R.S. Khatian (Ext. H) as having possession in the holding. The contention that Abdul Gafur had left the village after selling his sh..Category: Property Law | Date: | Hits: 48
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......e lagatee of a Will executed by her husband's younger brother Nalini Mohan Sen Gupta on November 8, 1970 who was subsequently killed during the War of Liberation in 1971. She further claimed to be in possession of the property under the Will. During the pendency of the proceeding the respondents f..Category: Property Law | Date: | Hits: 80
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ry permission, and as soon as the same was granted, it-v would be produced for registration of the sale-deed. On December 9, 1964, defendant No. 2 came to the plaintiff's village and demanded possession of the property transferred to him claiming that he purchased their land on the basis of..Category: Property Law | Date: | Hits: 75
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....directed against the judgment and order of the High Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial Court but on appeal the lower appell......ainst the judgment and order of the High Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial Court but on appeal the lower appellate court d...... the judgment and order of the High Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial Court but on appeal the lower appellate court dismis..Category: Property Law | Date: | Hits: 47
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......d by an out and out sale with a condition for re-conveyance shall be deemed to be a complete usufructuary mortgage for a period not exceeding 7 years on the expiry of which the mortgagor may get back possession by an application to the Sub divisional Magistrate……….(5 and 6). Lawyers Invol..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... respondent Nos. 1 to 4 as petitioners by filing the Writ Petition. The requisitioned remises belong to these respondents and after series of litigations the respondents Nos. 1 and 4 took physical possession of their allotted shares. Then Mrs. Willes one of the co-sharers had started a Kindergar..Category: Property Law | Date: | Hits: 65
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......;spected the area. The area shown in the sketch map in red attested by the R.C.O and R.V.W. signed by me should be classified bazar and hat area for the purpose of determining non retainable khas land under section 20 of the State Acquisition and Tenancy Act. The S.D.-S.O. should finalis......he impugned order is in the following terms: "In pursuance of Govt Instruction conveyed vide A.D.C. (Rev), Khulna's Memo 2248 dated 17-4-691 am to take formal possession of all buildings, structures and shops, etc, within the area of the hat and bazar..Category: Property Law | Date: | Hits: 61
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ndant's mother Karimunnesa Bibi, as the decree made against her for money in Suit No. 816 of 1943 shows that the had not the capacity to pay her creditors. It has already been discussed above that recovery of money was relating to labour charge for the work done in 1939 when a small sum of few h......hat the defendant (appellant) has no fight, title, interest and possession In foe said properties on the basis of the deeds taken in her name. The plaintiff made an alternative prayer for khas possession if he be found to be out of possession of the properties in soil 3. Plainti......he defendant (appellant) has no fight, title, interest and possession In foe said properties on the basis of the deeds taken in her name. The plaintiff made an alternative prayer for khas possession if he be found to be out of possession of the properties in soil 3. Plaintiff's ..Category: Property Law | Date: | Hits: 448
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ...... cancellation of the lease in terms of one of its clauses will not by the mere fact of the cancellation of lease deed on the breach of a covenant for re-entry authorise the lessor to take forcible possession of the property from the lessee, without recourse to a court of law, if the lessee does ..Category: Property Law | Date: | Hits: 53
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