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Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....le Suit No.326 of 1982 of the Court of the Munsif, First Court, Dhaka) allowing amendment to the plaint. 2. The plaintiff, initially, sought for declaration of his title to and recovery of khas possession against the defendant in respect of 0.011/4 acres of land, equivalent ......26 of 1982 of the Court of the Munsif, First Court, Dhaka) allowing amendment to the plaint. 2. The plaintiff, initially, sought for declaration of his title to and recovery of khas possession against the defendant in respect of 0.011/4 acres of land, equivalent to 512 squar......1982 of the Court of the Munsif, First Court, Dhaka) allowing amendment to the plaint. 2. The plaintiff, initially, sought for declaration of his title to and recovery of khas possession against the defendant in respect of 0.011/4 acres of land, equivalent to 512 square feet..Category: Property Law | Date: | Hits: 58
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ......n. 2. Respondent obtained decree on 28-7-1987 in Title Suit No. 241 of 1986 against the petitioner for perpetual injunction restraining them from interfering with his peaceful possession of the suit property and/or from forcibly entering into the suit land. Thereafter, peti..Category: Property Law | Date: | Hits: 57
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ......urchased some land of the suit plot from defendant Nos. 27 and 28, other plaintiffs purchased some land from the suit plot from Md. Islam or his transferees and thus they claimed that they were in possession of 4.84 acres of land out of 7.80 acres. During the revisional settlement operation the ..Category: Property Law | Date: | Hits: 80
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ......inter alia, that after liberation the appellant, a non-local, was in acute financial problem and demanded a sum of Taka 55,000.00 for business and on payment of the said sum the appellant delivered possession of the shop room to him and a lease agreement was executed fixing monthly rent at Taka ..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ......nbsp; The Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) An abandoned property in possession of a person can only be included in the “Kha” list of abandoned buildings in..Category: Property Law | Date: | Hits: 69
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
.... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ......s contested the suit by filing joint written statement denying the material allegations and stating that they filed those two suits which ended in compromise. In the execution proceedings they got possession in the respective saham. On the basis of such possession MRR Khatian was prepared in the..Category: Property Law | Date: | Hits: 49
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....essive heiress of one Md. Ismail, a lessee in respect of the suit shop No. 49, and sought a declaration that she was entitled to continue as a lessee therein under the petitioner. She also prayed for recovery of khas possession of the suit shop. The petitioner contested the suit. But the trial Court......ss of one Md. Ismail, a lessee in respect of the suit shop No. 49, and sought a declaration that she was entitled to continue as a lessee therein under the petitioner. She also prayed for recovery of khas possession of the suit shop. The petitioner contested the suit. But the trial Court decreed the...... one Md. Ismail, a lessee in respect of the suit shop No. 49, and sought a declaration that she was entitled to continue as a lessee therein under the petitioner. She also prayed for recovery of khas possession of the suit shop. The petitioner contested the suit. But the trial Court decreed the suit..Category: Property Law | Date: | Hits: 107
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....isions relied on by the learned Advocate for the petitioners and also considered some other decisions and held that the suit for specific performance of contract against defendant Nos. 1 and 2 and recovery of possession against the other defendants is maintainable and defendants other than defen...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ...... The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit property is liable to be impleaded and evicted to give ef..Category: Property Law | Date: | Hits: 64
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......hat Zarina Khatoon constructed the building in the said plot and thereafter transferred the building to her children by an oral gift on 1.4-1969 with the permission of the Government mid delivered possession to the donees who were in continuous possession of the same building by mutating their n..Category: Property Law | Date: | Hits: 61
....itle or interest in the suit land. Hence, the plaintiff instituted the suit for declaration of title in the first schedule land and for removing the huts and other structures of the 2nd schedule, for recovery of possession of the first schedule, for manse profit and for injunction restraining the de......Defendant‑respondents having entered appearance filed a written statement alleging, inter alia, that they took settlement of the suit schedule‑I land from original landlords and they were in khas possession of the suit schedule‑I land long before 1350 BS and paid rent of 1344 BS and 1345 ......tra, 1350 BS and that since then they had been possessing the suit land in exercise of this right, title and interest therein; that while the plaintiff (mother of the appellant) had been in exclusive possession of the suit land defendant Nos. 1, 2 and 3 namely Dudu Mia, Suruj Ali and Teraban Bibi (t..
Category: Property Law | Date: | Hits: 46
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......55 of 1985. The suit was decreed ex parte in favour of the plaintiff‑respondent. In Title Execution Case No.95 of 1985 of the Fourth Court of Subordinate Judge, Dhaka. The respondent obtained possession of the suit house by evicting the appellant on 31st July, 1986. At the instance of the ..Category: Property Law | Date: | Hits: 68
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......fendant Nos. 2‑5 on 27.3.1974. Hence the suit. 3. Defendant Nos. 7 and 12 contested the suit by filing separate written statements. They categorically denied the plaintiff's title and possession of the suit land. Besides taking various pleas of limitation, etc. defendant No. 12 alle..Category: Property Law | Date: | Hits: 47
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ...... land to him for a period of 99 years and transferring to him by hire purchase the house built thereon on payment of cost of the house. Md. Zahooruddin paid the entire cost of construction and the possession of the disputed property was handed over to him on 29.1.1963. While in possession he ent..Category: Property Law | Date: | Hits: 86
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......suit land since the settlement. Under section 44 of the Transfer of Property Act, 1882 and section 4 of the Partition Act, 1893 the plaintiffs being stranger purchasers are not entitled to get any possession. She paid rent to the Government and tax to the municipality but the dakhilas and tax..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
...., Kushtia in Title Suit No. 444 of 1969. 2. The appellant's mother Suhagi Bewa as plaintiff filed the suit for declaration of title to the entire land of plot No. 2395, for partition and for recovery of possession. Her case was that Fakir Mondal and Alep Mondal (her deceased husband) were o......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ...... Title Suit No. 444 of 1969. 2. The appellant's mother Suhagi Bewa as plaintiff filed the suit for declaration of title to the entire land of plot No. 2395, for partition and for recovery of possession. Her case was that Fakir Mondal and Alep Mondal (her deceased husband) were original owne..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......ned property and the same may be released in favour of the appellants. In pursuance of the order dated 8.8.84 the Executive Engineer, PWD, Bogra was directed by an order dated 19.9.84 to hand over possession of the premises in dispute to the appellants. On 31.10.84 the Executive Engineer accordi..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... the highest authority of the DIT on 27 February 1983 (Annexure‑B). 4. As per this approved plan the appellant proceeded very far in its implementation; it purchased 65 bighas of land, got into possession of another 150 bighas by agreements with the owners, prepared and allotted 250 plots and ..Category: Property Law | Date: | Hits: 79
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....and his wife and son in 1989. 6. On 7-2-91 the appellant then filed Title Suit No.40 of 1991 against defendant No.5 Khalequzzaman of Title Suit No.415 of 1984 for specific performance of contract, recovery of possession and injunction, impleading the subsequent purchasers of the suit land as defe......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......nce of consideration money by different deeds either in favour of the appellant or in favour of his nominees who are respondent Nos.7.19 in this appeal. The appellant and respondent Nos.7-19 obtained possession of the land under contract and after dividing the said land amicably amongst themselves t..Category: Property Law | Date: | Hits: 59
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....sent case. 3. To recall, briefly, the facts of the case, predecessor of the appellants, Akhtar Banu, instituted Title Suit No.9 of 1957 in the aforesaid Court declaration of title to and for recovery and confirmation of possession in certain parts of the suit land. The suit, on transfer t......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......, briefly, the facts of the case, predecessor of the appellants, Akhtar Banu, instituted Title Suit No.9 of 1957 in the aforesaid Court declaration of title to and for recovery and confirmation of possession in certain parts of the suit land. The suit, on transfer to the 5th Court of the Subordi..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......d the proceeding land along with other lands from Balaram Sil by a registered kabala dated 27-6-70 within the knowledge of all of the locality including the pre-emptor respondent No.1. They are in possession of the land by measurement, mutated their names, paid rents and constructed residential ..Category: Property Law | Date: | Hits: 60
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