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Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....led to come to the findings that the plaintiffs were out of possession at the time of institution of the suit and the suit for simple declaration was not maintainable without consequential prayer for recovery of khas possession, As I have already held that the finding of possession was correctly arr......iff No.11 have been possessing the same by cultivating Boro paddy and also rearing fishes on payment of rent to the ex‑landlord. But during the Rent Roll operation the disputed land was recorded in khas khatian of the Government without any basis. The defendant No.4 contested the suit. He, also fi...... acres of land from Wazid Ali Khan Punni on 5th Aswin, 1353 BS, 18½ acres of land from Bankim Charan and Kulada Charan on 10th Chaitra 1353 BS and since settlement they have been in continuous possession in the disputed land. On the death of Abdur Rahim Sarker plaintiffs Nos.1‑10 and plaint..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....rd Court of Munsif, Habiganj (originally TS No.132 of 1968 of the 44h Court) was for a declaration of his jote right in 20 decimals of suit land by gift of 6 pies share, confirmation of possession or recovery of possession if dispossessed during the pendency of the suit and for permanent injunction.......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......1877 (I of 1877), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not maintainable without a prayer for partition. La..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......t there was material irregularity and fraud in publishing and conducting the sale, that no sale proclamation was served upon the land in disputes and that the auction purchaser never took delivery of possession by beat of drum through court. The appellant came to know about the auction sale of the d..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ruddin duly obtained probate on July 6, 1973 from the Court of District Judge, Dhaka and the aforesaid children of late Mr. Selim became owners in moiety share on the strength of the will and were in possession. Mr. Nasiruddin as a guardian of minor children leased out the building to the Bangladesh..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ...... 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and ordering delivery of possession of the suit land to them on their depositing in Court the sale price of Tk. 40,000. Respo..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....he Munsif, Second Court, Sylhet in Title Suit No. 251 of 1961. 2. Siddik Ali, the predecessor of the appellants, filed the suit for declaration of title in respect of the schedule 2 land and for recovery of khas possession with mesne profits. His case is that the land of first schedule which in......econd Court, Sylhet in Title Suit No. 251 of 1961. 2. Siddik Ali, the predecessor of the appellants, filed the suit for declaration of title in respect of the schedule 2 land and for recovery of khas possession with mesne profits. His case is that the land of first schedule which includes the s......................................Respondents Judgment May 28, 1990. Result: The appeal is allowed. The Transfer Property Act, 1882 (IV of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......ted in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favour of the defendant was void for want of deliverly of possession to the defendant. The taking of possession of the subject matter of the gift of done..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
.... of 1988 should not be set aside. 2. The plaintiff‑opposite parties instituted Title Suit No.465 of 1978 in the court of the 1st Munsif, Dhaka for declaration of title to the suit land and for recovery of khas possession by evicting the defendants therefrom on the allegations, inter alia......uld not be set aside. 2. The plaintiff‑opposite parties instituted Title Suit No.465 of 1978 in the court of the 1st Munsif, Dhaka for declaration of title to the suit land and for recovery of khas possession by evicting the defendants therefrom on the allegations, inter alia, that the s......ot be set aside. 2. The plaintiff‑opposite parties instituted Title Suit No.465 of 1978 in the court of the 1st Munsif, Dhaka for declaration of title to the suit land and for recovery of khas possession by evicting the defendants therefrom on the allegations, inter alia, that the suit p..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......written statement. Thereafter there was talk for compromise and in that suit defendant No.1 admitted to have agreed to sell the suit property to the present plaintiff and he also admitted delivery of possession of the suit property in favour of the present plaintiff as part performance of the contra..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......r non production of the document at the required time. In the instant case no reason has been shown as to why document in question was not filed along with the plaint, though the same is allegedly in possession of the petitioner all along. Where inordinate delay in not presenting the document in que..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......s property i.e. the disputed properties were correctly listed as enemy property and rightly declared as vested property. Thus the grant of lease in favour of respondent nos.6-9 was validly made and possession taken over by them. 5. Mr. S.C. Das, the learned Advocate for the petitioner referred ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....consideration is the implication of report under Order 26, rule 10 of the Civil Procedure Code. 2. Defendant is the petitioner. The plaintiff-respondent filed a suit for declaration of title and recovery of khas possession after demolishing the construction made by the petitioner, confirmation ......n is the implication of report under Order 26, rule 10 of the Civil Procedure Code. 2. Defendant is the petitioner. The plaintiff-respondent filed a suit for declaration of title and recovery of khas possession after demolishing the construction made by the petitioner, confirmation of possessio......the implication of report under Order 26, rule 10 of the Civil Procedure Code. 2. Defendant is the petitioner. The plaintiff-respondent filed a suit for declaration of title and recovery of khas possession after demolishing the construction made by the petitioner, confirmation of possession in ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....ise It is a settled principle of law that if any plaintiff seeks any declaration of any right to property and he has no possession therein he is bound to seek consequential relief by way of recovery of possession but in the present case no declaration has been sought in respect to any righ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......ather" plaintiff has in substance claimed declaration of her title to a legal character as legal heir of her father……............(10) Consequential relief relating to the possession does not arise It is a settled principle of law that if any plaintiff seeks any dec&..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......ive Society and by growing Khasari, Kalai and other fodders. The defendants having no title or possession in the suit lands wrongfully threatened to dispossess the plaintiffs by destroying their khasari crops on the cause for the suit. 3. The defendant No.18 by one written statement and de......sif, 3rd Court in O.C. Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a permanent injunction to restrain the defendants from disturbing the plaintiffs' possession of the suit land. The suit was in respect of 4 schedules of lands namely schedules K..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ...... Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration. 10.80 acres of land appertaining to R.S. Khatian No.1058 of Mouza Gomai P.S. Rangunia belonged to the Government in khas. In Settlement Case No.186B of 1961-62 the Additional Deputy Commissioner (Revenue), Chittagong......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
.... 1981 on 19.12.82 reversing those passed by the 4th Court of Munsif, Patiya in other Suit No.37 of 1979 on 23.3.81.The opposite party No.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......12.82 reversing those passed by the 4th Court of Munsif, Patiya in other Suit No.37 of 1979 on 23.3.81.The opposite party No.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and fo..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
.... his possession he can pray for an equitable relief of in junction to protect his possession, and the remedy of the rightful owner lies in bringing appropriate suit for establishing his right and for recovery of possession…............(8) Cases Referred To- Sadek Ali Vs. Suruj Ali &......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......nent Injunction-Exclusive Possession and a Prima Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A person in long possession can be evicted only in due process of law. including the rightful owner. The plainti..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......on payment by the applicant of the amount due to the mortagee under the said proviso, the Sub divisional Magistrate or the officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents i..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ......e in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.13 and Hashem Ali, the prede......ad never been sold in auction and defendant No.1 never purchased the touzi and the under tenure of the Touzi had never been annulled and defendant No.1 never brought the suit land under its khas possession and defendant No.1 never inducted the defendant No.13 and Hashem ALI into the posses..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......d in the concerned area, on 19.4.1953. 9. Sub-section (1) of section 75-A of the Act provides that on and from the date of notification referred to above, no person shall sub-let any land in his khas possession and sub-section (2) provides that any sub-letting in contravention of sub-section (I......tiffs-petitioners instituted Title Suit No.199 of 1983 in the Court of Munsif, Perojour against the defendants-opposite parties for declaration of their title to the suit land and for confirmation of possession therein. The plaintiffs' case, inter-alia was that the suit land measuring 70 acres b..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
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