Search Options
Judgment Advanced Search
Displaying 1481-1500 of 1569 results.
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ...... and he used to pay a rent of Taka 60 per month. The heirs of Mohsin Ali Pk. by two registered kabalas dated 14-2-1983 and 9-2-1984 transferred the suit premises to the plain and delivered symbolic possession thereof. Plain orally informed the defendant about his purchase on 15-2-1983 and publish..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ing and that after serving notice upon the defendant under section 106 of the Transfer of Property Act, on 16.6.84 terminated the tenancy and claimed eviction of the defendant along with the recovery of arrear rents of Taka 4,860.00. 3. The defendant by filing a written statement d......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....or amendment of the plaint. 2. The appellants instituted the aforesaid suit for declaration of their title to, the suit property described in Scheduled ‘A’ to the plaint and for recovery of khas possession thereof evicting the respondents therefrom on the allegations, inter al...... of the plaint. 2. The appellants instituted the aforesaid suit for declaration of their title to, the suit property described in Scheduled ‘A’ to the plaint and for recovery of khas possession thereof evicting the respondents therefrom on the allegations, inter alia that res......the plaint. 2. The appellants instituted the aforesaid suit for declaration of their title to, the suit property described in Scheduled ‘A’ to the plaint and for recovery of khas possession thereof evicting the respondents therefrom on the allegations, inter alia that responde..Category: Property Law | Date: | Hits: 52
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......hittagong on 30-6-82. 2. Begumjan, the owner of the suit land, mortgaged the same to defendant Nos. 1-3 (respondent Nos. 1-3 herein) by a mortgage deed dated 20-5-37 for Taka 200.00 and delivered possession thereof to them. Upon the death of Begumjan her heirs transferred their right of redempti..Category: Property Law | Date: | Hits: 63
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
.... as filed is liable to be dismissed. 4. The trial judge held that the documents are void but as the plaintiff prayed only for declaration of the kabalas as void without any prayer for recovery of khas possession, he dismissed the suit. On appeal the lower appellate Court concurred w......s liable to be dismissed. 4. The trial judge held that the documents are void but as the plaintiff prayed only for declaration of the kabalas as void without any prayer for recovery of khas possession, he dismissed the suit. On appeal the lower appellate Court concurred with the find......ssing situation Subsequently the defendants managed to submit final report on 5 10-76 and the plaintiff and his wife were discharged from the criminal case on 18.10.76. Thereafter the plaintiff got possession of the suit land. The kabalas were executed without any lawful consideration during the ..Category: Property Law | Date: | Hits: 72
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......ettlement on consideration of the materials on record arrived at a finding that Nasima Khatun is not the daughter and heir of original lessee Mobina Khatun and that the said lessee had not been in possession of the house in question at the relevant time. The learned Judges of the High Court Divi..Category: Property Law | Date: | Hits: 48
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....under section 5 of Ordinance No. 54 of 1985. Their further case is, that the petitioner brought Title Suit No. 659 of 1983 in the First Court of Munsif, Dhaka for a declaration of his title to and recovery of possession in the disputed house and the suit was dismissed on contest on 30.9.85. Appe......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......irst Court of Settlement, Dhaka in Case No. 318 of 1988 (Ka-238-Sec. 6, Mirpur, Dhaka) whereby the said Court declared the house in question as not an abandoned property and directed restoration of possession thereof to the petitioner. The petitioner filed the above mentioned case under section ..Category: Property Law | Date: | Hits: 58
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....d in their Title Suit No. 3 of 1959 on the allegations, inter alia, that the respondents instituted Title Suit No. 82 of 1956 in the Second Court of Munsif at Jhenidah for declaration of title and recovery of khas possession of the suit land measuring 16 acres from the appellants but the plaint ......itle Suit No. 3 of 1959 on the allegations, inter alia, that the respondents instituted Title Suit No. 82 of 1956 in the Second Court of Munsif at Jhenidah for declaration of title and recovery of khas possession of the suit land measuring 16 acres from the appellants but the plaint of that suit......Suit No. 3 of 1959 on the allegations, inter alia, that the respondents instituted Title Suit No. 82 of 1956 in the Second Court of Munsif at Jhenidah for declaration of title and recovery of khas possession of the suit land measuring 16 acres from the appellants but the plaint of that suit havi..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......in the First Court of Assistant Judge, Dhaka for declaration of their title to the disputed house and for releasing the same from the list of the abandoned property and further for delivery of its possession to them. 4. In the meantime, the Government published a Gazette notificatio..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......is 16 annas right, title and interest in the suit property and also for a decree to remove defendant Nos. 1 and 2 their officers, agents, assigns and servants from the suit property and to deliver khas possession thereof to him. 6. On 25.7.81 the auction-purchaser filed a written statemen......9.78 and 20.3.78. The sale was confirmed on 17.4.78 and the Court issued sale certificate to the auction-purchaser under Order XXI rule 94 CPC, on 17.3.79. The auction purchaser also got symbolical possession of the suit property on 4.6.79 through Court by beat of drums in presence of witnesses. ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ....... He found that in the properties mentioned in schedules 'Ka' Kha' 'Ga' 'Gha' 'Uma' 'Cha' and 'Chha' the plaintiff would get a share to the extent of 5 annas 6 gandas 2 krants which he obtained in khas by partition. The share of the defendants 2 and 3 was declared to the extent of 2 annas 13 gan......th their own money and as such, the plaintiff claimed to be entitled to 8 annas share in these three schedules of properties, the remainder eight annas being the property of defendant No. 1. Joint possession and ownership of these properties were found inconvenient by the plaintiff and according..Category: Property Law | Date: | Hits: 51
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule to the plaint. 2. T......itle and also their possession before their alleged settlement 20/22 years ago. It was therefore, for the defendants to begin to prove their settlement in order to defeat the plaintiffs to secure khas possession. The learned lower court adopted a wrong procedure and asked to begin to prove the......p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule to the plaint. 2. The case of t..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....f his title comes in for determination, the plaintiff of necessity shall have to amend the plaint, praying for declaration of title to the properties in suit and the consequential relief by way of recovery of that possession. Obviously, therefore, he shall have to pay ad valorem Court fees on t......d order as passed is bad in law; that the lower Appellate Court was wrong in remanding the case directing the plaintiff to amend his plaint for a suit for establishment of title and for khas possession after payment of ad valorem court fees on the market value of the property in the s......e premises in question were let out to her husband late Gajanan Marwari, long before the alleged agreement dated 7.2.54, and that after the death of her husband in December 1953, she continued her possession as before. She herself occupied the ground floor of the two- storied mud walled house of..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ...... 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Mohd. Idris Ali the predecessor of the plaintiff and the defendants was the sole owner in possession of the homestead property described in schedule 1 and also the 3 plots of the cultivabl..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......licants. Their case was that the disputed properties appertained to a joma of Rs 65.8.7 pies which was purchased in a rent execution case by the learned landlord Sukesh Chandra Dev Roy who made it khas. From him Lalit Mohan Biswas took settlement of the three disputed plots at a rental of Rs 4.8......me came to know about the said sale on the last Asar, 1372 BS corresponding to 16th June 1965, from her husband, to whom the opposite party No. 1 Maniruddin Biswas had disclosed that he would take possession of the land on the strength of his purchase. The petitioner thereafter took a certified ..Category: Property Law | Date: | Hits: 47
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......pose up all such claims of settlement and allotment of the lands in view of the direction of the Additional Commissioners, Khulna Division. It appears that some disputes arose thereafter as to the possession of these char lands and on being approached by the petitioners, the Officer-in-Charge, M..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....same Court. 2. The plaintiff-opposite-party Alimulla Mallick instituted Money Suit No. 12 of 1966 against the petitioners and opposite-party Nos. 2-4 before him on the 13th of May, 1966 for recovery of Rs. 2000/- on arrear house rents on the allegations, inter alia, that the plaintiff was......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......enations thereof by certain persons were void and ineffectual, the second suit while adopting these plans goes further in alleging that the plaintiff is the Mutwalli of the waqf and in asking for possession of alienated property to be delivered to him in that status. There is also the point th..Category: Property Law | Date: | Hits: 86
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......ttar, J. as his Lordship then was, while delivering the judgment observed as follows:- "On the other hand, the essence of a coparcenary under the Dayabhaga law is unity of possession and not unity of ownership at all and partition then, according to the Dayabhaga law, c..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....nbsp; Nurul Islam J.- The appeal is at the instance of the defendant Nos. 1, 2 and 5 and arises out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same and al......Nurul Islam J.- The appeal is at the instance of the defendant Nos. 1, 2 and 5 and arises out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same and also for decla...... Islam J.- The appeal is at the instance of the defendant Nos. 1, 2 and 5 and arises out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same and also for declaratio..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
.... Represented—the Respondents. Appeal from Appellate Decree No. 906 of 1960. Judgment K Hossain J.- This appeal is by the plaintiff who instituted a suit for declaration of title and for recovery of khash possession. The case of the plaintiff is that his mother Kula Kamini who has been ......—the Respondents. Appeal from Appellate Decree No. 906 of 1960. Judgment K Hossain J.- This appeal is by the plaintiff who instituted a suit for declaration of title and for recovery of khash possession. The case of the plaintiff is that his mother Kula Kamini who has been made second ...... Respondents. Appeal from Appellate Decree No. 906 of 1960. Judgment K Hossain J.- This appeal is by the plaintiff who instituted a suit for declaration of title and for recovery of khash possession. The case of the plaintiff is that his mother Kula Kamini who has been made second party ..Category: Property Law | Date: | Hits: 82
788787784778770768765753751749746743741739736731730722720717