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Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)

....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......f the Code of Civil Procedure. 10. The suit is for cancellation of the deed in question on the ground that the deed dated 16-8-77 is a forged deed. Opposite party Nos. 1-5 claim that they are in possession of the suit land on the basis of purchase from Lal Mohon by registered deeds and that the..

Category: Property Law | Date: 6 Mar, 2002 | Hits: 56

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ......e petitioner No. 1 made an oral gift of the property in question in favour of petitioner No. 2 his wife on 26-3-1993 in accordance with the principle of Mohammedan Law and handed over actual physical possession of the property in question to her and petitioner No.2 accepted on the same day and in th..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).

....   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ......   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ...... date; it was stipulated that after collecting money within Jaistha 1400 BS the plaintiffs would inform the defendants and Nalini Chandra and others for execution and registration of the deed and the possession of the property would be delivered accordingly; in the later part of the bainapatra. It i..

Category: Property Law | Date: 26 Jan, 2002 | Hits: 100

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....iff filed the present suit seeking permanent injunction claiming that he is in possession of the suit land in part performance of the contract and so this suit is not for declaration of title nor for recovery of possession whereas the defendants claimed that the suit land was originally nal land and......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite parties from entering into the suit land and disturbing the peaceful possession of the plaintiff therein stating, inter alia, that the suit land, which consists of 54 de..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

.... the case are that, the petitioners as complainants instituted a suit in the court of the Senior Assistant Judge, Jamalpur being Other Class Suit No. 184 of 1987, praying for declaration of title and recovery of khas possession in the suit property and eventually obtained an ex parte decree therein ......e that, the petitioners as complainants instituted a suit in the court of the Senior Assistant Judge, Jamalpur being Other Class Suit No. 184 of 1987, praying for declaration of title and recovery of khas possession in the suit property and eventually obtained an ex parte decree therein on 18-4-98. ......t, the petitioners as complainants instituted a suit in the court of the Senior Assistant Judge, Jamalpur being Other Class Suit No. 184 of 1987, praying for declaration of title and recovery of khas possession in the suit property and eventually obtained an ex parte decree therein on 18-4-98. There..

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing the petition and other materials on record submitted that petitioners being in possession of the house on the basis of purchase by petitioner No.1 Mrs. Nurunnahar Begum from the o..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......alling upon the respondents to show cause why they shall not be directed to exclude the property being Holding No.10-B, 11-8 Mirpur Housing Estate from the list of Abandoned Properties and to restore possession of the same to the petitioner by evicting the present occupants upon implementing the ord..

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

.... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ......€‘B. Part A relates to compensation for the rent receiving interests and part B relates to Khas lands, Rule 54 of the said rules provides for preparation of compensation assessment roll in respect of khas land of Clauses (b)(d) and (d‑1) mentioned in section 39 (1) of the said Act. Clause (d) of s......e 14 Anna share thereof, for 30 years with affect from 1359 BS by a registered lease deed dated 6th Kartick 1359 BS and thus the petitioner after, his father's death and his co‑sharers have been in possession of the said fishery in leasehold right. In case No.92 of 1958 on 1-4‑1958 the said fish..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......operty (Control, Management and Disposal) Order, 1972 (Presidents Order No.16 of 1972); Article 7 After the issuance of the notice leaving the matter hanging without perusing it further or taking possession of the property as required under article 7 of Presidents Order 16 of 72 if not proves ma..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419     ......the plaintiff appellant‑petitioner being plaintiff instituted Title Suit No. 235 of 1981 in the Court of Munsif (now Assistant Judge) 2nd court at Barisal against the defendant‑opposite party for khas possession by evicting the defendant from the suit hut as described in the schedule to the plai......laintiff appellant‑petitioner being plaintiff instituted Title Suit No. 235 of 1981 in the Court of Munsif (now Assistant Judge) 2nd court at Barisal against the defendant‑opposite party for khas possession by evicting the defendant from the suit hut as described in the schedule to the plaint an..

Category: Property Law | Date: 17 May, 1994 | Hits: 3

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

....e notification dated 23rd September 1986. As there is no appearance of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 130. ......e notification dated 23rd September 1986. As there is no appearance of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 130. ......by the respondent No.2 to one Abu Zahid Md. Omar by a registered deed of lease dated 13.2.68 (Annexure "B"); that the said Abu Zahid Md. Omar constructed a house in the said plot and was in possession thereon; that while in such title and possession the said Abu Zahid Md. Omar entered into..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ......aintiff within six months from the date of receipt of information of obtaining the permission shall pay the balance sum of Taka 3,00,000.00 and get the sale deed executed and registered and delivered possession in a portion of the suit property to the plaintiff; that the defendant No.1 got herself a..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

.... authority and are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ...... authority and are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ...... Munsurul Haque which is designed to oust the petitioner from his ancestral homestead causing ruination of his entire family. The compensation has not yet been assessed and the petitioner is still in possession the land. 3. The Rule has been resisted by the Respondent Nos. 1, 2 and 4 by filing ..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)

....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......Khan Bahadur Gousuddin Ahmed Chowdhury and others in Khalian Nos. 16 and 112 of mouza Purnakhola and Khatian No. 581 of Mouza Chaluia Exts. A-(2) and the said land has been recorded as fallow land in khas possessions of the said persons. It is admitted by the learned Advocates of both the parties th......er Das being dead his heirs………………….Respondents Judgment June 21, 1993. Result: The appeal is allowed. It is well settled that possession follows title. Even occasional surreptitious acts of possession on the part of the plaint..

Category: Property Law | Date: 21 Jun, 1993 | Hits: 6

Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)

.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ...... 1) Is the suit maintainable in its present form? 2) Is the suit barred by limitation ? 3) Is the suit bad for defect of parties 4) Have the plffs. any right, title and interest or possession in the suit land? And are the plffs. entitled to get a decree as prayed for ? 5) To ..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 3

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 59. ......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 59. ......on by the said Duraram Upadhyaya, the CO (Rev) Sadar Sylhet by order dated 15.12.62, allowed the objection and directed correction of the record of rights in the names of the Duraram, as purchaser in possession without document. Thereafter in respect of the lands Duraram obtained a Registered kobala..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....erms of the lease deed. Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ......erms of the lease deed. Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ......pect of the said fishery (Annexure‑G) on the same day (9.5.91). The petitioner withdrew the said Writ Petition No. 1149 of 1989 on 13.5.91. Respondent No. 7 Upazila Revenue Officer gave delivery of possession of the said fishery to the petitioner‑society on 11.5.91 (Annexure‑1) pursuant to the..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

....on 18 of the Premises Rent Control Ordinance reads thus: "(1) 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 ext......tained in law. In the result, the Rule is made absolute without any order as to cost. The suit is decreed on contest against the defendant opposite parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Ca...... Premises Rent Control Ordinance reads thus: "(1) 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 extent allowabl..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ......ve year i.e. rent of Tk. 20,625.00 for the year 1397 BS and rent of Tk. 22,688.00 for year 1398 BS. On 12.8.89 by Annexure ‘D’ dated 12.8.89 the Tahsildar, Nilkhi Tahsil office delivered physical possession of the said fishery in favour of the petitioner society. Since the delivery of possession..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......doned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and possession was delivered to him on 4.2.63. The said Qumrul Hoque executed a bainapatra in favour of ..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77