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A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)

....o.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the Assistant Judge, Fulpur, Mymensingh being the Other Suit No.121 of 1999 in ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J A Halim (Md.)...............................Petitioner Vs. Mafijul Islam Tarafder alias Kalu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rul...... judgment and decree dated 28‑2‑2000 passed by the Senior Assistant Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in res......dgment April 27, 2004. Result: The Rule is made absolute. Cases Referred to- AIR 1917 Lah 423; AIR 1921 Lah 156, AIR 1930 (All) 600. Lawyers Involved: Md. Rezaul Hoque, Advocate-For the Petitioner. Omar Ali Khan, Advocate-For the Opposite Parties. Civil Revision No.3640 of..

Category: Property Law | Date: | Hits: 80

Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

....oner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case khatian land 1.10 acres in area belonged to opposite party Nos. 2 and 4 and another Tala Bux Biswas in equal......i J Shahid Ali (Md.) and others...............Petitioners Vs. Reza Mohammad & others.............Opposite Parties Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Abdul Baten Vs. Abdul Latif Sheikh and others, 45 DLR (AD) 26; Idris Miah (Md.)......Result: The Rule is made absolute. Cases Referred to- Abdul Baten Vs. Abdul Latif Sheikh and others, 45 DLR (AD) 26; Idris Miah (Md.) Vs. Promode Ranjan Das and others, 45 DLR 126; Golchera Khatun, 45 DLR (AD) 133; Sayeda Khatun and another Vs. Abedur Rahman and others, 1986 BLD (AD) 330. ......tun, 45 DLR (AD) 133; Sayeda Khatun and another Vs. Abedur Rahman and others, 1986 BLD (AD) 330. Lawyers Involved: AHM Obaidul Kabir with Ali Iman Khaled Rahim and Md. Ashrafuzzaman, Advocates-For the Petitioners. None Appears-For the Opposite Party. Civil Revision No. 8766 of 1991. J..

Category: Property Law | Date: | Hits: 79

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....was contended that the presiding Judge was not authorised to pass the orders impugned. 5. The facts of the case in brief arc as follows: 6. The writ petitioner company proposed to develop the land of Plot No.8, Road No.104, Gulshan Model Town, Dhaka which belonged to writ respondent No. 4 Mo......ot represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January, 2011 passed by the High Court Division in Writ Petition No.1376 of 2009) Order Muhammad Imman Ali J.......ated 23.01.2008, order No.13 dated 6.4.2008 and order No.49 dated 19.01.2009 passed in Artha Rin Suit No.7 of 2008, now pending before the Artha Rin Adalat, 1st Court, Chittagong. It was contended that the presiding Judge was not authorised to pass the orders impugned. 5. The facts of the cas......………………………………..Respondents (In Civil Petition No. 1428 of 2011) Order July 28, 2011. Result: The petition is disposed of. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Shamsul Alam, Advocate-on-Record-For the Petitioner (In Civil Petitio..

Category: Civil Law | Date: | Hits: 59

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....l of the appeal are that the appellants (plaintiffs) instituted Title Suit No.45 of 1999 in the Court of Subordinate Judge, Satkhira for specific performance of contract in respect of 3.49 acres of land of Plot No.9879 of S.A. Khatian Nos. 2257 and 2292 out of 8.66 acres of land. Plaintiffs case i......te, instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Appeal No. 260 of 2003. (From the judgment and order dated 10.7.2000 passed by the High Court Division in Civil Revision No. 414 of 1999.) Judgment Surendra Kumar S...... is directed against the judgment and order dated 10th July, 2000 of a Division Bench of the High Court Division in Civil Revision No.414 of 1999. 2. Facts relevant for disposal of the appeal are that the appellants (plaintiffs) instituted Title Suit No.45 of 1999 in the Court of Subordinate Ju......ants Vs. Nanda Lal Mridha and another.................................Respondents Judgment May 26, 2010. Result: The appeal is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Appellants. Md. Nu..

Category: Civil Law | Date: | Hits: 55

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

....aintiff, instituted Other Suit No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration of title and recovery of possession of the suit land described in the schedule to the plaint. 3. The case of the plaintiff, in short, was that he......ucted by Chowdhury Md. Zahangir Advocate-on-Record-For Respondent Nos.1 (a)-1(g) Not represented-Respondent No.2. Civil Appeal No. 105 of 2004. (From the judgment and order dated 18.12.2002 passed by the High Court Division in Civil Revision No.3847 of 1996.) Judgment Nazmun Ara Sulta....................................................Respondents Judgment June 15, 2011. Result: The Appeal is dismissed. Lawyers Involved: Sobrala Chowdhury, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Appellant. Mahbub Ali, Advocate instructed by Chowdhury Md. Zah..............................Respondents Judgment June 15, 2011. Result: The Appeal is dismissed. Lawyers Involved: Sobrala Chowdhury, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Appellant. Mahbub Ali, Advocate instructed by Chowdhury Md. Zahangir Advocate-on-Reco..

Category: Property Law | Date: | Hits: 49

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

.... A Division Bench of the High Court Division by judgment and order dated 2nd February, 2009 maintained the conviction and sentence. 3. According to the prosecution story, the victim got a piece of land by way of gift and though she was living with the informant in the same house but she had separ...... 12, 2011. Result: The appeal is allowed. Lawyers Involved: A.K.M. Shahidul Huq, Advocate on Record - For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From......o threaten her to withdraw the suit with dire consequence. The appellant had no talking terms with his mother and on the date of occurrence, the informant was away from home, when he got information that his mother was murdered by Gopal Karmaker, servant of Pulin Mahajan. After returning home on que......hajan………Appellant Vs. The State…………… Respondent Judgment January 12, 2011. Result: The appeal is allowed. Lawyers Involved: A.K.M. Shahidul Huq, Advocate on Record - For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin ..

Category: Criminal Law | Date: | Hits: 81

Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)

....-83 obtained by the defendant in Other Class Suit No.61 of 1983 of the 1st Court of Munsif, Dinajpur is collusive, fraudulent, inoperative and not binding upon him alleging, inter alia, that the suit land measuring 21 decimals in CS Plot No.923 under CS Khatian No.28 of mouza Balupari, PS Kotwali, D......��……………Petitioner Vs. Abdus Sattar being dead his heir Momtaz Begum……………………….Opposite Party Judgment June 15, 1997. Result: The Rule is discharged. Cases Referred to- Golam Kader and others Vs. Abdul Khaleque Chowdhury and others, 43 DLR (AD) 107...... Rule are: Opposite party Abdus Sattar as plaintiff instituted a suit in the Court of the Senior Assistant Judge, Sadar Dinajpur, being Other Class Suit No.325 of 1986, praying for a declaration that the ex parte decree dated 7-6-83 obtained by the defendant in Other Class Suit No.61 of 1983 of ......�…….Opposite Party Judgment June 15, 1997. Result: The Rule is discharged. Cases Referred to- Golam Kader and others Vs. Abdul Khaleque Chowdhury and others, 43 DLR (AD) 107; Noor Banu Vs. Noor Mohammad and others, 4 BLD (AD) 69. Lawyers Involved: Md. Marfat Ali, Advocat..

Category: Property Law | Date: | Hits: 62

Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)

....ite party No.1 as informant on 25-6-1992 lodged FIR with Feni Police Station alleging that on the same day while the informant and her mother went to their paddy field with labourers to cultivate the land accused-persons named in the FIR who were armed with iron-rod, lathi, bamboo stick, etc. attack......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J Shah Abu Nayeem Mominur Rahman J Abu Taher and others………Petitioners Vs. Hasina Begum and another…………….Opposite Parties Judgment August 19, 1997. Result: ......the revisional application and directed for holding further inquiry in respect of GR Case No.105 of 1992 of the Court of the Magistrate, 2nd Class, Feni. 2. The short fact leading to this Rule is that, opposite party No.1 as informant on 25-6-1992 lodged FIR with Feni Police Station alleging that.......Opposite Parties Judgment August 19, 1997. Result: The Rule is discharged. Cases Referred to- Amjad Hossain and others Vs. State and another, 16 BLD 111; Kashem Ali Vs. State & ors, 9 BLD (AD) 13. Lawyers Involved: ANM Gaziul Hoque with Zafar Ahmed, Advocates - For the P..

Category: Criminal Law | Date: | Hits: 83

State Vs. Abul Hashem, 1997, 26 CLC (HCD)

.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......8) 17. ......l the dacoits made confessional statement and those were recorded by P.W.3 Mr. SR Chakma, a local Magistrate. 7. Mr. Khorshed Alam Khan, learned Advocate appearing for all the appellants, submits that the confessional statements cannot be taken into consideration as those are not voluntary a draw......��….Condemned Prisoner Judgment November 10, 1997. Result: Death References are rejected. Case Referred to- 8 BLD (AD) 109. Lawyers Involved: Syed Aba Kowser, Assistant Attorney-General - For the State (in both the Jail Appeals). Advocate Khorshed Alam Khan - For the C..

Category: Criminal Law | Date: | Hits: 66

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

....ct of Chandpur praying for permanent injunction against the defendant opposite parties so that defendant No.1 through the disputed LA Case No.4/87‑88 cannot acquire plaintiff’s ‘Kha’ schedule land out of ‘Ka’ schedule land as described in the plaint for alleged development of Farajikandi......ther……………………Petitioners Vs. Administrator, Farajikandi Complex and ors...................Opposite Parties Judgment May 27, 1992. Result: The Rule is discharged. Cases Referred to- Law Reports Appeal Cases 1969 Vol. II page 147; 34 DLR (AD) 222; AIR 1940 PC 10......��petitioners instituted the above suit in the Court of the Assistant Judge, Matlob Upazila within the district of Chandpur praying for permanent injunction against the defendant opposite parties so that defendant No.1 through the disputed LA Case No.4/87‑88 cannot acquire plaintiff’s ‘Kha’ ...... 727. ..

Category: Property Law | Date: | Hits: 47

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

.... educational expenses. 4. Further case of the plaintiffs is that he saved a lot of money out of the amount sent for him by his father and that he along with petitioner purchased about 29 bighas of land at Badarganj and thereafter both brothers resided and acquired property at Rangpur town and tha...... Ahmed J Sarafat Hossain……………………..Petitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; J......hare in ‘Ka’ Schedule properties and also for a preliminary decree for rendering accounts in various items as mentioned in the suit schedule. 3. Plaintiffs opposite party's case, in short, is that the properties described in Schedule ‘Ka’ which appertains to properties in Rangpur town and......ain……………………..Petitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan Vs. Md. A..

Category: Property Law | Date: | Hits: 74

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....at their house. Motive assigned for the murder was that at the instance of deceased Taher Mohammad, one Kazimuddin filed a case against the accused persons and that the accused persons purchased some land from the sister of Taher Mohammad but could not go into possession because of the said Taher Mo......Case is also Reported in: 50 DLR (HCD) (1998) 10. ...... the Special Powers Act, 1974 in Special Tribunal Case No. 38 of 1976 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner’s case is that on 9-2-1975 one AK Mohammad Ali lodged a First Information Report with Bogra Police Station agai......ladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; State Vs. Imdad Ali Bepary, 36 DLR 333; State Vs. Zahir and others, 45 DLR (AD) 163. Lawyers Involved: ANM Gaziul Haque with Zafar Ahmed, Advocates - For the Petitioner. Bazlur Rahman Chhana, Assistant Attorney General - For the Respondent No.1. ..

Category: Criminal Law | Date: | Hits: 79

Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)

....ing for declaration of their title in the suit property described in the schedule to the plaint and also for recovery of khas possession of the same. Plaintiff's case, in short, was that the suit land belonged to Chakla Rawshanabad Zamindary Estate and the plaintiff No.1 took settlement of the s......ur Hossain Chowdhury, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Review Petition No. 145 of 2010. (From the judgment and order dated 12.03.2009 passed by this Division in Civil Petition for Leave to Appeal No.799 of 2008.) Judgment Nazmun ......manbaria praying for declaration of their title in the suit property described in the schedule to the plaint and also for recovery of khas possession of the same. Plaintiff's case, in short, was that the suit land belonged to Chakla Rawshanabad Zamindary Estate and the plaintiff No.1 took settle..........Petitioners Vs. Mahabbat Ali and others…....................Respondents Judgment July 24, 2011. Result: The petition is dismissed. Lawyers Involved: Mahbubey Alam, Attorney General instructed by R. Hossain, Advocate-on-Record-For the Petitioners. Nur Hossain Chowd..

Category: Property Law | Date: | Hits: 58

Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)

....f Jhalokathi Pourashava was prepared and published for each Ward, and in June, 2010 it was detected that about 400 families of "Abason Project Nos.1 and 2" established by the then Government on the land of Uttar Kistakathi under Ward No.7 of Ponabalia Union Parishad have been enjoying the faciliti......un, Advocate-on-Record-For Respondent No.3. Not represented- For Respondent Nos. 2 & 4-9. Civil Petition for Leave to Appeal No. 463 of 2011. From the judgment and order dated 23.1.2011 passed by the High Court Division in Writ Petition No.9506 of 2010.) Judgment S.K. Sinha J. - W......Record-For the Petitioners. Rokanuddin Mahmud, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No.1. M.K. Rahman, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.3. Not represented- For Respondent Nos. 2 & 4-9. ........................Petitioners Vs. Abdul Halim Gazi and others…….....Respondents Judgment March 15, 2011. Result: Leave is granted. Lawyers Involved: M. Amir-ul-Islam, Senior Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. Rokanuddin..

Category: Election Law | Date: | Hits: 172

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

.... early 1972 of the PCJSS as a political front with Mr. M.N. Larma at the helm. Consequently, the Shanti Bahini, an armed wing of the PCJSS was formed on 7 January 1973 and after August 1975 became a clandestine organization engaged in armed insurgency against the Government. Although in limited num�.......1847 of 2010) Chittagong Hill Tracts Regional Council..........Petitioner (In Civil Petition No.1891 of 2010) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Result: Leave is granted. Lawyers Involved: Mahb......y Chakma, Deputy Attorney General Pralikar Chakma, Assistant Attorney General, Khandaker Diliruzzaman, Assistant Attorney General, Amit Talukder, Assistant Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. (In Civil Petition No.1847 of 2010.) Dr. Kamal Hos...... Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Additional Attorney General Korunaymoy Chakma, Deputy Attorney Genera..

Category: Constitutional Law | Date: | Hits: 219

Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)

.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......he needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... 355; AIR 1964 (All) 290. Lawyers Involved: Syed Ziaul Karim with Md. Khurshid Alam Khan, Md. Salauddin Talukder, Syeda Maimuna Begum & Gulam Kabir, Advocates‑For the Appellant. Sufia Khatun, Assistant Attorney‑General‑For the State. Criminal Appeal No.464 of 1993. Judgment ......1 DLR 32; 19 DLR 662; 29 DLR 355; AIR 1964 (All) 290. Lawyers Involved: Syed Ziaul Karim with Md. Khurshid Alam Khan, Md. Salauddin Talukder, Syeda Maimuna Begum & Gulam Kabir, Advocates‑For the Appellant. Sufia Khatun, Assistant Attorney‑General‑For the State. Criminal Appeal ..

Category: Criminal Law | Date: | Hits: 80

Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)

..... 2. The facts leading to the issuance of this Rule are that the petitioner instituted the said Miscellaneous Case under section 24 of the East Bengal Non-Agricultural Tenancy Act stating that the land appertains to Khatian No.554 and it constituted a residential homestead with adjuncts not conne......arged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ...... Miscellaneous Case No.76 of 1970 arising out of a an application for pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The facts leading to the issuance of this Rule are that the petitioner instituted the said Miscellaneous Case under section 24 of the East Bengal Non-Ag......(1997) 74. ..

Category: Property Law | Date: | Hits: 52

Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)

....ted 26-5-42 passed in Miscellaneous Appeal No.69 of 1942 are illegal, void and not binding upon the plaintiffs and also for setting aside the same. 3. The case of the plaintiffs. in short, is that lands of CS Khatian No. 82 corresponding to SA Khatian No.116 originally belonged to Aviram Sarder a......osite Party Nos. 1‑6. Civil Revision No.2197 of 1994. Judgment Kazi Ebadul Haque J.-This Rule at the instance of the plaintiff petitioner is against judgment and decree dated 16‑3‑94 passed by the Additional District Judge, 2nd Court, Khulna in Title Appeal No.130 of 1993 allowing th......s well as opposite party Nos.7‑9 as plaintiffs filed Title Suit No.374 of I987 which was Subsequently re‑numbered as Title Suit No.5 of 1988 against the opposite party Nos. 1-6 for setting aside that decree dated 11‑6‑1991 passed in Rent Suit No.676 of 1941 and auction dated 16-91941 held in......etitioner Vs. Arabinda Sarder and others……………………..Opposite Parties Judgment January 3, 1995. Lawyers Involved: Md. Rafiqur Rahman with Md. Abdul Jabber, Advocate‑For the Petitioner. M Fazlul Karim, Advocate‑For the Opposite Party Nos. 1‑6. Civil Revisio..

Category: Property Law | Date: | Hits: 51

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....2-00 AM on Friday and passed the Friday night at village Wai due to fear of the said miscreants. On 30-11-1985 at about 10‑00 AM her husband participated in a Salish at Rajnarikel Bazar to settle a land dispute between Nandala and Ismail, both are of Rajnarikel. The said salish was scheduled to be......his case is also Reported in: 49 DLR (HD) (1997) 66. ......ns namely, Gopal Chandra Dey, A Rashid and Mirash were found not guilty of the charge under sections 302/34 of the Penal Code and they were acquitted. 2. The case of the prosecution, in short, is that the informant Muslima Begum lodged an FIR to the officer-in-charge of Phulpur Police Station on ...... Abdul Hakim and others Vs. State, 43 DLR 389; Ruston Ali Vs. State, 9 BLD (1989); 43 DLR 512. Lawyers Involved: Shawkat Ali Khan with Fazlul Haque Khan Farid and Md. Tamizuddin, Advocates–For the Appellants. S B Barua, Advocate‑ For the State. Criminal Appeal No. 522 of 1990. J..

Category: Criminal Law | Date: | Hits: 74

Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)

....ned behind their back. The present petitioners filed an application before the trial Court for adding them as a party on the ground that all the properties were not brought into hotchpotch of all the lands belonging to one Nalu in his different Jotes and the petitioners are co‑sharers and possesso......ords to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..........................Opposite Parties Judgment February 19, 1995. Result: The Rule is made absolute. Lawyers Involved: A S Md. Ramzan Khan, Advocate‑For the Petitioners. Sufia Khatoon, Advocate‑For the Opposite Party. Civil Revision No.2771 of 1992. Judgment Syed JR....... Abdus Sattar and others......................Opposite Parties Judgment February 19, 1995. Result: The Rule is made absolute. Lawyers Involved: A S Md. Ramzan Khan, Advocate‑For the Petitioners. Sufia Khatoon, Advocate‑For the Opposite Party. Civil Revision No.2771 o..

Category: Property Law | Date: | Hits: 47

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