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Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......ement to contest the suit. She alleged that the kabala dated 21.3.50 was not a benami document and that she purchased the lands thereof with her own money obtained from her mother and she had been in possession by cultivating the same through bargadars. Mouna Khatun, however could not ultimately con..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......t have money to purchase the land. Pre-emptor respondent No.1 settled the price of the case land and was present at the time of registration of the disputed kabala dated 27.04.1979. He also delivered possession of the case land to the pre-emptee purchasers on behalf of the vendors. Pre-emptee purcha..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ...... trial Court dismissed the suit whereas the lower appellate Court decreed the same against which the defendants have preferred this Second Appeal. 2. There is no dispute over the joint title and possession between the plaintiffs and the defendants with regard to the suit property. The defe..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......tar by Tara Prasad Sarkar and his brothers. The Sarkars created a temple on the burning place of the dead body of their father, installed the deity and gifted the suit property orally and handed over possession to the deity. They used to perform puja and other functions, and subsequently, they appoi..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
.... 208/1961 reversing the Judgment and decree passed by the learned Munsif in Title Suit No. 526 of 1959 on 7.8.59. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land comprisin......versing the Judgment and decree passed by the learned Munsif in Title Suit No. 526 of 1959 on 7.8.59. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land comprising an area of......ng the Judgment and decree passed by the learned Munsif in Title Suit No. 526 of 1959 on 7.8.59. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land comprising an area of 3.14..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......ntesting respondent No.1 Kahiluddin also died during the pendency of this appeal and has been duly substituted. 2. The suit was instituted for the establishment of plaintiff's title and khas possession in the suit land after dismantling 3 huts of the defendants constructed thereon and ......ing respondent No.1 Kahiluddin also died during the pendency of this appeal and has been duly substituted. 2. The suit was instituted for the establishment of plaintiff's title and khas possession in the suit land after dismantling 3 huts of the defendants constructed thereon and also ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......if, at Moulvi Bazar, Sylhet against one Arjun Kurmi, predecessor of respondent Nos. 13 and against the erstwhile Province of East Pakistan. The plaintiff-appellant prayed for declaration of title and khas possession of agricultural land measuring 10 bighas 7 kathas and 9 chataks which were give......ly, 1958 he had no right to enjoy the land.
3. The suit was contested by Arjun Kurmi who asserted that the suit land was leased out to him by the then Manager of the appellant and he had been in possession of the land for 25/26 years as a tenant. He was, therefore, liable to be evicted. Th..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....the defendant under section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution ca......t under section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case the court......er section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case the court deli..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....er and all expenses Connected with inspections and measurements and all costs incurred in connection with the grant of renewed lease may be recovered under any law for the time being in force for the recovery of arrears of rent, revenue or other public demands. (b) The said demised lands or any......rime Minister's Secretariat that there may be certain difficulties in nationalizing the Tea Estate as ordered by the Prime Minister and therefore, the land of the Tea Estate in question which was khash land of the Government, may be resumed. In view of the legal difficulties in the way of nation......e of its Directors, Mr. Hamidul Huq Chowdhury, petitioners No. 1 and 2 respectively and was issued calling upon the respondents to show cause, why they should not be directed to forthwith restore the possession of Neerala Tea Garden with all movable assets to the petitioners and not to interfere wit..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......etent person under section 90 of the Act to get pre-emption allowed the application. This is a case where the pre-emptees, in their written objection, specifically asserted that the pre-emptor was in possession of lands more than statutory limit and in fact the pre-emptees challenged the assertion o..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....tional sale like other mortgages will be governed by provisions of the Transfer of Property Act…….. (14) It is clear that the redemption of the mortgage when the plaintiff demanded recovery of possession of the mortgaged property, defendant No. 1, who was on the basis of transacti...... 3rd Court, Dacca dated the 12th day of June, 1963 in Title Suit No.18 of 1961. Judgment M.H. Rahman J.— Plaintiff-respondent filed a suit for declaration of title and for recovery of khas possession of the suit land after evicting the defendants therefrom. 2. Admitted case of t......like other mortgages will be governed by provisions of the Transfer of Property Act…….. (14) It is clear that the redemption of the mortgage when the plaintiff demanded recovery of possession of the mortgaged property, defendant No. 1, who was on the basis of transaction not found..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......nsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......laced by Memo dated 5.7.79 is not applicable to the present scheme. All legal formalities have been observed in the requisition proceedings and the lands have been acquired for public purpose, vacant possession of the land in question has already been delivered to the requiring body on 7.12.79. Befo..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....t in favour of the plaintiffs. The plaintiffs further alleged that on 14-11-68 late Abdur Rahman Chowdhury (hereinafter referred to as the donor) had a sudden heart attack of which he survived. After recovery from the heart attack the donor in presence of witnesses, namely, Messrs Khurshed Ali Choud......t the suit was not maintainable and raised several other objections as to valuation, Court fee, etc. They further alleged that the suit was not maintainable in the absence of a prayer for recovery of khas possession. The defendants contended that the plaintiffs acquired no title in the sui......ty with building and structures inter vivos can be made under the Muslim Law by oral gift. According to Mslim Law an oral gift is complete as soon as the declaration of gifts and the delivery of possession is given by the donor to the donee. When these essential conditions are complied with the..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......dgmet Shahabuddin Ahmed J.-This Rule, under Article 102 of the Constitution of the People's Republic of Bangladesh seeks a direction from this Court upon the respondents to restore possession of a house which was already derequisitioned. 2. The petitioner is the owner of the ..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......demanded back the land, but was refused. 2. Defendants asserted that the lands were auction purchased by defendant No 9 in a rent suit with his money and for his own benefit and, while he was in possession defendant No. 8 purchased the same from him. 3. The trial court dismissed the suit a..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
...... of rent and the plaintiff's father, Mujahar Ali, purchased the entire raiyati on 23.1.1936 and the sale was duly confirmed on 27.2.1936; Mujahar Ali obtained the sale certificate and delivery of possession. He died leaving a widow, Bakful, a son, Khoka and a daughter, Hakimannessa (the plaintif..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......thers of Ruhul Amin have been impleaded as opposite parties 2 to 4 (proforma) The allegations made in the petition are that the land id question originally belonged to Roy Harendra Nath and others in khas under the Government and the petitioner Ruhul Arnin and his three other brothers took settlemen......his Act, file an application along with necessary requisites, for the purpose of correcting mistakes, in such record of-rights in the Civil Court which would have jurisdiction to entertain a suit for possession of the land to which such entry relates or in respect of which such omission was made. ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......e case were not called for.
2. Short facts leading to this rule are that the plaintiff petitioner instituted a suit for declaration that the suit property was not enemy property, that it was the khas property of the Wakf Estate of which the plaintiff was the Mutawalli, defendant No. 5 was the l...... the plaintiff was the Mutawalli, defendant No. 5 was the lessee under the said Wakf Estate and also for permanent injunction restraining the opposite parties No. 1-3, from disturbing plaintiff's possession in any manner. It appears from the certified copy of the order sheet annexed to the petit..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ...... March 22, 1978. Result: The appeal is dismissed. Whether Dakhilas Be An Evidence of Hostile Possession— The dakhilas (Ext.D) cannot be held to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land a co-sharer cannot exclude a..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
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