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Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
....as filed against sale under the deed dated 03.02.1977 and the Miscellaneous Case No.103 of 1980 was filed against sale under deed dated 08.02.1977 and the said Miscellaneous Case No. 102 of 1980 on transfer was renumbered as Miscellaneous Case No.19 of 1992 of the learned Assistant Judge, Additio...... Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the petitioners by 2(two) deeds dated 03.02.1977 and 08.02.1977. The respondent No.1 claiming to be a co-sharer by inher..Category: Property Law | Date: | Hits: 24
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....tiff and accordingly the plaintiff delivered possession of the suit land in favour of the defendant No.1 but he, in violation of the terms and condition of the agreement of reconveyance, transferred the suit land in favour of the defendant Nos.2 and 3 by a registered kabalas dated......ossession and enjoyment of the suit land he proposed to sell the same and the defendant No.1 agreed to purchase the same at a consideration of Tk. 5991/- and then the plaintiff executed a sale deed on 20.2.1974 and on the same date the defendant No.1 also executed an agreement of re-co..Category: Procedural Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....the acquisition since 1960 and under the water of Gulshan Lake, that respondent by suppressing the fact obtained permission to treat the land of the said plot as residential plot, that transfer of the land was illegal, that the plan was legally cancelled and that as against the order......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..Category: Property Law | Date: | Hits: 28
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....out of schedule Ga and 12 acres of land out of schedule 'Gha' and that the plaintiff has been possessing total area of 4.70 acres of land in ejmali out of the above jotes and that Delwar Sheikh never transferred any land out of the above jotes in favour of the defendant No.1 and if any such document...... of schedule Ka belonged to Deyanatullah son Bhwa Sheikh and Deyanatullah had given estafa of the above land to the superior landlord who then sold the same land to the defendant No.1 vide registered deed dated 7.10.1952 and since then the defendant No.1 has been possessing the same and that Deyantu..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....he have been executed by plaintiff No.1 and the defendant No. 3 and hence the suit. The defendant Nos. 1 and 2 contested the suit by filing written statement contending that Krishan Kanta has transferred his share to the plaintiff No.1 through a patta dated 9.6.1953 but thereafter the plain...... Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and Ga to the plaint are illegal, collusive, null and void..Category: Property Law | Date: | Hits: 34
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ...... respondent to file writ petitioner No. 1625 of 1989 wherein order was passed on 03. 12.1989 directing the appellant to accept the rent of 1395 B.S. after adjusting the amount paid and execute the deed in favour of the respondent for 1396 to1398 B.S. Inspite of the same the appellant No.1 initia..Category: Civil Law | Date: | Hits: 101
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....ivil Revision No. 863 of 1994. 2. The appellant instituted Miscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6.91. ......iscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6.91. Her case was that she was a co-sharer in the holding along with res..Category: Property Law | Date: | Hits: 66
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......attained solvency. In such a climate of mutual trust the plaintiff mortgaged one bigha of land to defendant No. 1 and got a sum of Tk. 1,000/-. The mortgage was for 6 years and the registered deed of mortgage is dated 1-3-79. On 15-6-83 defendant No. 1 began to excavate a pond in the suit l..Category: Property Law | Date: | Hits: 34
Md. Abu Daud Sarder Vs. State and anothÂer, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......g to the land as regard to which dispute cropped up. 3. The further allegation of the respondent No. 2 is that on the basis of the documents left with the appellant he has created forge deed No. 86 showing execution thereof on September 10, 1975 and registration on January 8, 197..Category: Criminal Law | Date: | Hits: 50
Mozirullah and othÂers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....f land in plot No. 197 in khatian No.3, but it is their common case that Hamid Ali was given .7 acres of land in plot No.192 of khatian No.46 of the same Mouza and Hamid Ali subsequently transferred his entire share of .7 acres in khatian No.46 to one Abdul Gani who made a structure on......d his entire share in khatian No. 3 to Sirajul Haque and divested himself of all interests therein. Hamid Ali sold the entire .7 acres of land in plot No. 202 to his son Bashirullah by a registered deed dated 23-3-53. Bashirullah in his turn sold .3½ acres out of .7 acres of land to his b..Category: Property Law | Date: | Hits: 33
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
.... Chandra and Nishi Kanto owned the suit land in equal shares and the record of right in R.S. Khatian No.1135, which included Plot Nos. 6550 and 6551, was also prepared in their names; Krishan Kanta transferred his 30 decimals of land in favour of the plaintiff No.1 by a registered patta date......er Nos.1-19 as well as the predecessors of the respondent Nos.8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of Ka scheduled land and also seeking declaration that the deeds as described in the schedule Kha and Ga to the plaint are illegal, collusive, null and void, ..Category: Property Law | Date: | Hits: 33
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......rney from Sudhir Kumar Roy Chowdhury in India in respect of the suit land and other land on 22.5.1965 and the defendant Nos.3 and 4 purchased some land from the defendant No.1 who executed the deed as constituted attorney. But as the suit land was declared as vested property they submit..Category: Property Law | Date: | Hits: 23
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....High Court Division summarily rejected the application holding that Kiron Bala after dated of her husband got the property in life interest and therefore she had no saleable interest in the land. The transfer of the land by her in favour of the Progati Sang shad by way of gift was thus illegal and v......vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137...Category: Property Law | Date: | Hits: 29
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......suit land by making house thereon but the defendant-respondent never possess the suit land; that the defendant-respondent never got the possession of the suit land on the basis of the alleged deed of sale and as such, the judgment and order passed by the High Court Division is liable to be ..Category: Property Law | Date: | Hits: 30
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ...... are that the plaintiffs instituted title Suit No. 86 of 1992 in the Court of Senior Assistant Judge, Savar, Dhaka for declaration of title, recovery of khas possession and for cancellation of deeds of schedule of the plaint stating, inter alia, that the suit land comprising 36 decimals bel..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......ng of the writ petition; that the present petitioner duly took lease of the Pathor Mohal for 1412 B.S. to 1414 on 30.03.2005; there-after he paid rent for 1412 B.S. on 10.04.2005 and execute lease deed on 11.04.2005 and got delivery of possession on 11.04.2005; that under the cover of statue-quo..Category: Property Law | Date: | Hits: 25
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....egistered Pattan dated 07.12.1933 which land Meharun Nessa at first enjoyed through her father and letter on through her husband. 3. Meharun Nessa by a deed of heba-bil-ewaz dated 12.02.1982 transferred said land to the plaintiffs and delivered possession to them. Since then the plain...... acres of the land to Meharun Nessa by registered Pattan dated 07.12.1933 which land Meharun Nessa at first enjoyed through her father and letter on through her husband. 3. Meharun Nessa by a deed of heba-bil-ewaz dated 12.02.1982 transferred said land to the plaintiffs and delivered posses..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....ommissioner, Khulna passed in Redemption Appeal No.26 of 1993 allowing redemption of the suit land is illegal and void on the averments that the suit land belonged to defendant No.1 petitioner who transferred the same to the defendant No.5, the respondent No.6 herein, by kabala dated 28.10.1977 ......the stamp was bought on 25—77 A.D, corresponding to 8.7.84 B.S. and the English month in the stamp was deliberately torn and further the signature of Amjad Ali, the defendant No.5 in the deed of sale dated 19.1.1987, exhibit-3, does not tally with that as made in exhibit-Uma and ..Category: Property Law | Date: | Hits: 26
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....the rights of the people of the locality. Hence the suit. 4. Present respondent Nos.1 and 2 as defendant Nos.5 and 6 contested the suit and the case of the defendants was that the purported transfer of the Union Parishad office from its present site at Amanta Mouza to its new site at Cust......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ement with the appellant to sell the Cinema Hall for Tk. 50,00.000/- and on receipt of Tk. 40,00,000/- executed an agreement for sale and that as respondent No.2 did not execute and register the sale deed, the appellant filed a suit for specific performance of contract against the respondent No.2. T..Category: Civil Law | Date: | Hits: 128
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