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Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ...... 1965, made under the Defence of Pakistan Rules, become an enemy property. Shuk Deb, the Pujari, and some others who are living in the premises having not been able to produce any document of legal possession of the property, cannot but be termed as unauthorise..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....t portion of section 37 may be quoted below: "37. The purchaser of an entire estate in the permanently settled districts of Bengal (Bihar and Orissa), sold under this Act for the recovery of arrears due on account of the same, shall acquire estate free from all encumbrances wh......title suit No. 52 of 1956. Judgment: This appeal is at the instance of the defendants and it arises out of a suit for declaration of plaintiffs title and for khas possession by evicting the defendants from the lands in suit measuring 2.72 acres recorded in ...... suit No. 52 of 1956. Judgment: This appeal is at the instance of the defendants and it arises out of a suit for declaration of plaintiffs title and for khas possession by evicting the defendants from the lands in suit measuring 2.72 acres recorded in RS K..Category: Property Law | Date: | Hits: 67
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......u Bikash Roy Choudhury J.- This appeal by way of leave, at the instance of the plaintiffs, arises out of an order setting aside abatement of a suit for declaration of title to and confirmation of possession in the land measuring an area of 12.61 acres appertaining to CS Khatian No. 351 of mouza..Category: Property Law | Date: | Hits: 72
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......d not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the question of title and possession of the disputed lands are wholly untenable and uncalled for and the dispute can only be..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......e defendant Nos. 1 and 2 from the plaintiff on 3-3-93 and made over to the defendant No 3 is collusive, illegal and is liable and bound to restore to the plaintiff. (c) A decree be passed for the khas possession of the schedule properties to plaintiff. (d) A decree be passed for the cost of ......No. 24 of 1993 which are as follows: “(a) A decree be passed in favour of the plaintiff against the defendant Nos. 1, 2 and 3 declaring that the auction sale of schedule property and taking over possession of the properties from the plaintiff on 3-3-93 are illegal, collusive, void, inoperative ..Category: Property Law | Date: | Hits: 77
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....; Bimalendu Bikash Roy Choudhury J.- The suit out of which this petition has arisen was brought by the petitioner and respondent Nos. 2-7 against respondent No. 1 for redemption, recovery of Khas possession and also partition of the suit plot No. 4427 appertaining to RS Khatia......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......; Bimalendu Bikash Roy Choudhury J.- The suit out of which this petition has arisen was brought by the petitioner and respondent Nos. 2-7 against respondent No. 1 for redemption, recovery of Khas possession and also partition of the suit plot No. 4427 appertaining to RS Khatian No. 3080. ..Category: Property Law | Date: | Hits: 65
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......6/65-66. The owner made a representation against it and the Government de-requisitioned 1½ decimals thereof. The residue of the land under requisition thus turned out to be 4½ decimals thereof. The possession of the land was handed over to the appellant on 7 December 1965. Eventually, the land was..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......ion (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (i..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....n. The defendant having lost in all the courts below has preferred this civil petition for Leave to Appeal before us. 2. The plaintiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mond......dant having lost in all the courts below has preferred this civil petition for Leave to Appeal before us. 2. The plaintiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferr......having lost in all the courts below has preferred this civil petition for Leave to Appeal before us. 2. The plaintiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred th..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....p; ATM Afzal CJ.- Plaintiff-respondent brought Title Suit No. 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises and recovery of possession thereof which has been concurrently decreed by the Courts below. A Single Ju......nts-petitioner lost all through. His learned Advocate-on-Record has only repeated the failed contention that the simple suit for eviction without any prayer for declaration of title and recovery of khas possession is not maintainable. it is not correct to say that the suit was only for eviction o...... CJ.- Plaintiff-respondent brought Title Suit No. 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises and recovery of possession thereof which has been concurrently decreed by the Courts below. A Single Judge of the ..Category: Property Law | Date: | Hits: 69
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ctual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circumstance order VI rule 7 of the CPC will not come into operation…&..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......ppeal No. 1028 of 1966). Judgment Mustafa Kamal J.- The plaintiff-respondents’ Title Suit No. 439 of 1963 for declaration of title, confirmation of possession and other consequential reliefs was decreed by the 3rd Court of Munsif, Narail by judgme..Category: Property Law | Date: | Hits: 45
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......ated 21 July 1964, set aside the order of requisition. He found that the notice served upon the said Society was invalid on account of the fact that “the Society was asked to make delivery of possession of the lands on 3-3-64 whereas the order of requisition was signed by the authorized of..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......got an approved plan in their own names on 20-5-77 for construction of a building thereon and a building was constructed on the said plot between 1978 to 1980. The respondents have always been- in possession of the said plot and building through tenants or in, person and they have been paying G..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....as not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for recovery of possession, when, admittedly, the writ petitioner was not in possession thereof. Such a......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......ainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for recovery of possession, when, admittedly, the writ petitioner was not in possession thereof. Such a decree is ..Category: Property Law | Date: | Hits: 48
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......er VII, rule 1(c) The plaintiff having asserted that defendant No. 1 came to the suit land to resist the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......must be proved that there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the donee and it was accepted by the latter. Mere recital of delivery of possession in the deed is not sufficient. There must be something to indicate acceptance of the gif..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......stated that it did not give direction to the petitioners to vacate the land but notices to vacate were served upon unauthorised trespassers who were evicted and that none of the petitioners was in possession. Respondent-Government and other respondents stated that 90% of the compensation was pai..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......oner, Dhaka (respondent No.3), under Memo No. 867 dated 19 July 1974 in Requisition Case No. 2248/74 for the accommodation of Jatiya Rakshi Bahini s river transport establishment. Accordingly, the possession of the property was taken over from the respondent and his tenants. The notice of requi..Category: Property Law | Date: | Hits: 73
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....that principal “mortgage deed together with interest thereon has been fully redeemed on the enjoyment of the usufruct of the mortgaged property” and also for other relief in the form of recovery of khas possession. Now the main question is whether the kabala dated 26-3-1962 executed b......al “mortgage deed together with interest thereon has been fully redeemed on the enjoyment of the usufruct of the mortgaged property” and also for other relief in the form of recovery of khas possession. Now the main question is whether the kabala dated 26-3-1962 executed by the plain......aining Taka 400.00 was lying with Abdul Gafur Mridha for clearing dues of the Agricultural Development Bank, After the death of Abdul Gafur Mridha the plaintiff requested the defendants to deliver possession of the suit property in favour of the plaintiff together with mortgage deed as the money..Category: Property Law | Date: | Hits: 64
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