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Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......nd published in the Dacca Gazette Extraordinary dated 2.4.56 is illegal, void, inoperative and not binding upon the Plaintiffs, and have in no way affected their right, title, interest and possession therein. (b) That a permanent injunction restraining the defendants from..Category: Property Law | Date: | Hits: 66
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier 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. ......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: 69
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......lip;..Respondent Judgment March 23, 2002. Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over ..Category: Property Law | Date: | Hits: 53
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......e-emptee-appellant in the respective appeals opposed the prayer for pre-emption contending inter alia that the land sought to be pre empted originally belonged to Mohiuddin and Ilias Miah came into possession of the land and thereupon land was recorded in his name during the last settlement oper..Category: Property Law | Date: | Hits: 55
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......truction of residential accommodation of the Mohazir Members of the Society and thereupon Government allotted 25 acres of land from the land which was earlier acquired by the Government and delivered possession thereof in July, 1952. The Government by a deed of conveyance of October l956 registered ..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....reed by the aforementioned judgment and decree the suit which was for declaration of title to the three items of properties described in the ‘Ka’ schedule attached to the plaint and for recovery of khas possession thereof. 2. Plaintiff-petitioner filed the sui......aforementioned judgment and decree the suit which was for declaration of title to the three items of properties described in the ‘Ka’ schedule attached to the plaint and for recovery of khas possession thereof. 2. Plaintiff-petitioner filed the suit as revers......entioned judgment and decree the suit which was for declaration of title to the three items of properties described in the ‘Ka’ schedule attached to the plaint and for recovery of khas possession thereof. 2. Plaintiff-petitioner filed the suit as reversioner ..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......d the respondent-petitioner to exclude the said house from the list of abandoned building. The fact relevant for disposal of this petition is that one Abul Hashem predecessor of the petitioner got possession of the house from his vendor Abul Hossain, the original owner of the house who duly muta..Category: Property Law | Date: | Hits: 46
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......g of the civil petition by judgment and order dated 1-8-1999 has found that the plaintiff has purchased the property from Gurupada Das Bairgai in whose name the property was recorded duly backed by possession of the plaintiff and the purchase was during the pendency of the earlier suit between t..Category: Property Law | Date: | Hits: 43
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ...... land is decided by the civil Court. 2. The case of the writ petition, in short is that one Ram Chandra Moni purchased 7.83 acres land by kabala and auction purchase. While in possession he died leaving sons Nidhiram Moni Parshuram Moni and Raghuram Moni; Raghuram Moni died ..Category: Property Law | Date: | Hits: 43
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......enior Assistant Judge, Sadar, Madaripur in Title Suit No. 153 of 1986 decreeing the suit. 2. Short facts are that the plaintiff instituted the suit for declaration of title, confirmation of possession and for further declaration that the lease granted in favour of defendant No.1 in lease ..Category: Property Law | Date: | Hits: 51
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......0(ten) storied building in the said property; that thereafter Abdul Khaleque Bain started partnership business with plaintiff No. 1 in the said building and thus plaintiff No. 1 came into physical possession of the said holding; that due to financial problem Abdul Khaleque bain propo..Category: Property Law | Date: | Hits: 54
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ...... after Agrahayan 1371 B.S. 4. The defence of the tenant was a challenge to the exclusive ownership of suit premises by the appellant. He also challenged the facts of his sole induction into possession by the Appellant, the legal validity of the notice u/s 106 of the Transfer of Property A..Category: Property Law | Date: | Hits: 44
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......185. That on the publication of the notification under section 3 of the Act, all rent receiving interests including that of Debuttor and waqf estate stood acquired and all non-retainable khas land also stood vested in the Government. This part of the proposition was overlooked by the ......; (5) that the Debuttor Estate is not acquirable under the Act in view of the fundamental rights granted by the Constitution; (6) that the plaintiff is entitled to continue in possession and management of the Debuttor Estate; and (7) for a permanent injunction res..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....ered, into an agreement to recover the properties of the appellant from the clutches of her brother, and they entered into some kind of sharing of the interest arising out of the litigation. Before recovery of the property was over, dispute arose after the success in the suit, and was between the ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... fabricated and in that context the observation set out above was made by the Privy Council. 11. In Walid Khan vs. Raja Ewaz Ali Khan I8 I.A 44, the suit was filed for declaration of right to possession of certain villages under a deed or will purported to have been executed by Rani Shaha Bi..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255....... 1979. Result: The petition is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of trans..Category: Property Law | Date: | Hits: 67
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....1 filed the writ petition urging inter alia that the said order is without lawful authority, inasmuch as section 95A of the aforesaid Act does not cover the case of the pure sale with an agreement to recovery. An out and out sale accompanied by an agreement for reconveyance is within the purview o......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......s cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer sh..Category: Property Law | Date: | Hits: 85
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......e but the Miscellaneous Case was barred by limitation inasmuch as the defendant had knowledge of the decree when the Process Server was obstructed in executing the writs of attachment and delivery of possession on 21-3-66. In this view of the matter the appeal was dismissed. On revision the High Cou..Category: Property Law | Date: | Hits: 69
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....al. The learned Judge set aside the judgment of the first Court of appeal and affirmed the judgment passed by the learned Munsif. 2. The facts in brief are that the plaintiffs brought a suit for recovery of money by way of damages against the defendants on the allegation that they had cut away ......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......June 13, 1978. Mense Profit It has been held by the first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting aw..Category: Property Law | Date: | Hits: 56
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....of the view that the Second Miscellaneous Appeal abated as a whole and is under question. 2. Facts for disposal of this appeal are that the respondent brought a suit for declaration of title and recovery of possession of a certain property. The suit contested by different sets of defendants was......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......that the Second Miscellaneous Appeal abated as a whole and is under question. 2. Facts for disposal of this appeal are that the respondent brought a suit for declaration of title and recovery of possession of a certain property. The suit contested by different sets of defendants was decreed by ..Category: Property Law | Date: | Hits: 73
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......zigzag way and the pre-emptors have only land on the north of schedule 1 (tank), intervened by a public pathway belonging to the government. The public pathway has been recorded separately in the khas khatian of government. The Subordinate Judge considered the pathway as a 'hyphen', and as the...... of having land contiguous to schedule 1 land only, allowed pre-emption in respect of the plots. He held that the pathway admittedly being belonging to the government and there being no adverse possession against the government, it will not be a case of intervening land belonging to others to ..Category: Property Law | Date: | Hits: 66
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