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Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)
....its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ......its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ......e. The plaintiff stated in the plaint that its allottee 7 R.E. Battalion left the suit land 5/6 years before filing of the plaint but it has not been stated how the plaintiff has been controlling the possession of the suit property after its allottee vacated the same. The plaintiff has not stated an..Category: Property Law | Date: | Hits: 45
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
.... possession against the respondents on the allegations interalia that he is the owner of the suit property. The respondent no. 1 filed Title Suit No. 93 of 1985 for declaration of title and recovery of khas possession on the self same ground of ownership. 3. The area of suit la......as plaintiff in Civil Petition for Leave to Appeal No. 836 of 1998 instituted Title Suit No. 222 of 1992 in the Court of Senior Assistant Judge, Chandpur for declaration of title and recovery of khas possession against the respondents on the allegations interalia that he is the owner of th......aintiff in Civil Petition for Leave to Appeal No. 836 of 1998 instituted Title Suit No. 222 of 1992 in the Court of Senior Assistant Judge, Chandpur for declaration of title and recovery of khas possession against the respondents on the allegations interalia that he is the owner of the sui..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ...... of right, title and interest. On Magh 25, 1389 B.S. the defendants disclosed that the R.S. Khatian of 'Kha' schedule property was prepared in the name of their father and they wanted to take possession of the land. Accordingly the plaintiff was constrained to file the present suit. 3..Category: Property Law | Date: | Hits: 63
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
.... declaration of their title and confirmation of possession and alleging dispossession from the suit property. During pendency of the suit a further prayer was made by amendment of the plaint for recovery of possession. The case of the plaintiff respondents was that the suit lands belonged to th......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......bsp; 2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the suit property. During pendency of the suit a fur..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ...... 2001. The Specific Relief Act, 1877 (I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in due course of law and can exercise his rig..Category: Property Law | Date: | Hits: 43
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....s 1-3 who were respectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of Kha schedule land after evicting the defendants Nos. 47-49......re respectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of Kha schedule land after evicting the defendants Nos. 47-49 therefrom w......spectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of Kha schedule land after evicting the defendants Nos. 47-49 therefrom who ar..Category: Property Law | Date: | Hits: 73
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ested the suit by filing a joint written statement denying the material allegations made in the plaint. Their case in short, is that plot No.408 was recorded in R.S. Khatian No. 334 in exclusive possession of Abdur Rahim and plot No.407 was recorded in R.S. Khatian No. 92 in exclusive possessio..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....d an ex parte decree to that effect which was maintained upto this Court but the defendants did not vacate the suit property and hence the plaintiff was compelled to file the instant suit for recovery of khas possession. 4. In Civil Appeal No. 86 of 1997 leave was granted in Civil Pe......Original Decree No. 138 of 1990 affirming those dated 31-5-1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No. 124 of 1987. 3. The suit was for a decree only for khas possession in respect of the suit land together with two-storied building standing thereo......cree to that effect which was maintained upto this Court but the defendants did not vacate the suit property and hence the plaintiff was compelled to file the instant suit for recovery of khas possession. 4. In Civil Appeal No. 86 of 1997 leave was granted in Civil Petition for Leave ..Category: Property Law | Date: | Hits: 97
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
.... Case under the Special Provision as laid down in President Order No. 7 of 1973 praying for permission for sale of the mortgaged property including the structures situated thereon for recovery of Tk. 17,11,503.08 (taka seventeen lacs eleven thousand five hundred three and paisa eight......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
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