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Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......our Chandra Karmakar and others and then it was transferred to Krishna Sundar Majumder, who in turn, sold the same to Kamini Kumar Nath by a registered Kabala dated 27.10 43. Kamini Kumar Nath was in possession of the property since his purchase. Kamini Kumar mortgaged the property to Nath Bank (Pak..Category: Property Law | Date: | Hits: 58
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....ed an order of status quo restraining the appellant from making any construction over the land in dispute. 2. Respondent No. 1 instituted the aforesaid suit on 11.10.89 for declaration of title to recovery of possession and permanent injunction in respect of the suit land described in Schedule 1 ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......of status quo restraining the appellant from making any construction over the land in dispute. 2. Respondent No. 1 instituted the aforesaid suit on 11.10.89 for declaration of title to recovery of possession and permanent injunction in respect of the suit land described in Schedule 1 (Ka) to the ..Category: Property Law | Date: | Hits: 66
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....le therein. TS No. 69 of 1981 was filed by respondent for a declaration that the property is an abandoned property; and TS No. 339 of 1981 was filed by the petitioner for a declaration of title and recovery of possession. The trial Court, namely Subordinate Judge, 3rd Court, Dhaka by a common Ju......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......S No. 69 of 1981 was filed by respondent for a declaration that the property is an abandoned property; and TS No. 339 of 1981 was filed by the petitioner for a declaration of title and recovery of possession. The trial Court, namely Subordinate Judge, 3rd Court, Dhaka by a common Judgment dated ..Category: Property Law | Date: | Hits: 101
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......tutions in Bangladesh held in trust 1,23,174 shares under buy-back agreement. The Company had its own factory in Tongi Industrial Area. It owned the industrial enterprise. While the Company was in possession, control and management of its industrial enterprise and other properties, the Board of ..Category: Property Law | Date: | Hits: 65
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ....... On 25th February, 1982, the wife obtained a decree of dissolution of the marriage with her husband after foregoing her dower money. 3. The appellant's case is that his wife gave him possession of the land in 1967 for construction of a building and he at first built a tin‑roo..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......eeding under section 145 Cr.P.C. was drawn up against the appellant in this appeal by leave and the case land was attached and a receiver was appointed the appellant while still in actual physical possession filed a suit for permanent injunction in respect of the case land against the first part..Category: Property Law | Date: | Hits: 81
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......The view taken by the learned Judge of the High Court Division is, therefore, unsustainable and liable to be set aside. 17. The cattle market in this case covers quite large area comprising khas lands of the Government, private lands, and a portion of the plaintiffs Plot No. 10716. The p...... of title to the suit land, described in 'Ka' schedule to the plaint, an area of .92 acre of land appertaining to RS Plot No. 10716 of Mouza Char Shakhipur under PS Bhedarganj, for confirmation of possession, and for permanent injunction restraining the Government from giving lease of the suit l..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
....led Title Suit No. 546 of 1974 in the 1st Court of Subordinate Judge, Dhaka (now renumbered as Title Suit No. 77 of 1990 of the 4th Court of Subordinate Judge, Dhaka), for declaration of title and recovery of possession of the suit land. Application for amendment of the plaint having been reject...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......it No. 546 of 1974 in the 1st Court of Subordinate Judge, Dhaka (now renumbered as Title Suit No. 77 of 1990 of the 4th Court of Subordinate Judge, Dhaka), for declaration of title and recovery of possession of the suit land. Application for amendment of the plaint having been rejected the plain..Category: Property Law | Date: | Hits: 49
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......ntiff is a co‑sharer of the suit land and so he applied for taking settlement of the same and was allowed settlement by defendant No. 2 by his Memo No. 290 dated 18.5.72. Thus he has been in possession of the suit land on payment of rent. But defendant No. 2 having been influenced by defen..Category: Property Law | Date: | Hits: 80
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......he matter arises from a suit relating to a property which the defendants claim to be a vested and non‑resident property, leased out to Defendant No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when ..Category: Property Law | Date: | Hits: 62
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....of 1961). 4. In interpreting whether the word 'contract" as occurs in sub‑section 1 of Section B Part I of the schedule which confers jurisdiction in respect of "suit for the recovery of money due on contract, receipts or order documents" on the Union Council if the i......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......out jurisdiction since there is no written contract of monthly tenancy. Further, he asserted that there was no relationship of landlord and tenant between him and the respondent and that he was in possession of the property in his own right. The said case was allowed by the Munsif. Respondent pr..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... 2. The appellants are plaintiffs. They filed a suit being Other Suits No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in mortgage execution case is frau..Category: Property Law | Date: | Hits: 130
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......ctober 15, 1984 revised the order dated July 10, 1983 and cancelled the earlier order dated July 20, 1983. The Deputy Commissioner, Barisal, was also directed to hand over possession of 8.30 acres of khas land that had earlier been settled with respondent No. 1. That decision was endorsed by the Sec......nd was requisitioned and acquired for the respondent-company out of which .06 acres was later on derequisitioned. After finally acquiring 1.182 acres by a Gazette notification dated December 2, 1963, possession was given to respondent No. 1 on April 2, 1963 and a deed of transfer was executed and re..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......quisition notification. 2. In their Writ Petition before the High Court Division respondent Nos. 1‑3, washermen by profession, challenged the acquisition asserting, inter alia, that as owners in possession they have been using the case land from time immemorial, as the vacant northern portion o..Category: Property Law | Date: | Hits: 64
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......properties of Ramjan Garo and it was so recorded in his name in CS Khatian. Ramjan Garo died leaving his wife (defendant No. 1) as the legal heir who has been enjoying the suit properties being in possession for more than 12 years. First appellant as plaint at filed OC Suit No. 66 of 1975 in the..Category: Property Law | Date: | Hits: 61
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......oint of time he started to possess the land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of as..Category: Property Law | Date: | Hits: 59
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......s Judgment April 15, 2002. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 143 The Limitation Act, 1908 (IX of 1908), Section 120 Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred..Category: Property Law | Date: | Hits: 43
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer available. But if reconveyance be a collusive one and right, title, interest and possession do not go back to the original owner and remains with the buyer, in that case reconveya..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ......of reconveyance is a genuine one and that on the basis thereof if the Pre-emptee reconveyed the land to the original owner (vendor) and the right, title and interest vest in the vendor and the possession of the land sought to be preempted has also gone back to him in that case even though t..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decisi...... of plot No. 203 in 1968-69 on payment of salami amounting to Taka 125 through OCR dated April 24, 1970 and paid rent for the year 1376 BS by the rent receipt dated April 24, 1970 and he went into possession in 1970, that on the death of Mohammad Mia the plaintiffs were substituted in the settle..Category: Property Law | Date: | Hits: 51
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