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Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ...... the Raja Birendra Nath Roy Bhadur Estate, Natore in his name and paid rents. He was also locally known as chute Ibrahim Mondal. He subsequently transferred property measuring 10.34, by registered deed of Heba dated 12.10.1946 to his wife Sabiran Bibi alias Sabran Bibi, and daughter Rokeya Khatu..Category: Property Law | Date: | Hits: 27
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......ase land by felling earth at the cost of Tk. 15000/-. 4. The learned Munsif (now Assistant Judge) on consideration of the evidence and also three certified copies of the registered sale deeds, Exbt. A, B and C found that the preemptors exhausted their right, title and interest in the ..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
.... his part of the contract, namely to pay 25% of the total consideration money within one month of the date of acceptance of the offer as a condition precedent to the execution and registration of the sale deed and in that event the plaintiff buyer would be required to defray all......, namely to pay 25% of the total consideration money within one month of the date of acceptance of the offer as a condition precedent to the execution and registration of the sale deed and in that event the plaintiff buyer would be required to defray all necessary expanses ..Category: Property Law | Date: | Hits: 33
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
.... in cash. The defendant purchased the said land in her name by one deed and in the benami of Shawkat Ali by another deed. She took delivery of possession of the entire land, after her purchase. After registration of Waqf deed on 16.02.1953 in respect of the suit land and other lands the same was not......ere subsequently renumbered as Title Suit No. 101 of 1991 and 63 of 1992. Her case, in short, is that the suit land originally belonged to Panchanan Ghose who sold the same to one Mendi Mia by kabala deed dated 6th April, 1950. Mendi Mia, while owning and possessing the suit land executed and regist..Category: Tenancy Law | Date: | Hits: 155
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ...... learned counsel for the petitioners submits that the lower appellate court, the final court of facts, having found that the suit land has not been specified and that the consideration money of the deed dated 29.4.1963 having not been passed, dismissed the suit but the High Court Division made th..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......ority. 3. The case of the writ Petitioner, in short, is that the disputed premises namely F/G/7, Sher Shah Colony (Housing Estate) Chittagong was allotted to one Nazir Mohammad by registered deed of lease dated 04.06.1960. Nazir Mohammad while in possession sold the same to one Md. Safi by..Category: Property Law | Date: | Hits: 27
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......appeal and decreed the suit in part declaring plaintiffs title to the 2 “Ka” schedule land and also for recovery of his khash possession of the same directing the plaintiff to execute a deed of gift in respect of the land of schedule No.1 and also directing the defendant college to pr..Category: Property Law | Date: | Hits: 53
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......oforma defendant No.4; the defendant Nos. 1-3 being not in good terms with the brother of the plaintiff, the proforma defendant No.4, at the instance of the plaintiff, got the custody of the title deed of the defendants and that the plaintiffs have no title or possession in the suit land. T..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......ession in the year 1989 but the defendants refused, that Title Suit No. 38 of 1983 was filed with the averments that defendant Nos. 21-24 have no title and interest in the land in suit and the sale deed dated October 28, 1980 is a sham transaction and thereby no title accrued in favour of t..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....00 and thereupon executed a kabala in fabour of the petitioner on receiving the entire consideration money but the defendant-respondent No. 1 on different pretexts delayed the registration of the kabala and finally on 30.07.1975 refused to register the same. Henc......f for loan of an amount of Tk. 3,000.00 in the month of Jaishstha, 1379 B.S. and the plaintiff agreed to give him loan on condition that the defendant would make over possession and give the title deeds of the suit land to him as security of loan. Accordingly an amount of Tk. 3,000.00 was r..Category: Property Law | Date: | Hits: 30
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......perty and the plaintiff is the mutwalli, which was decreed by the trial Court. The decision of the High Court Division is mainly based on the finding that no valid waqf was created by the impugned deed of waqf dated April 22, 1939, because, there is no provision the deed of waqf reserving the u..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....en effect to in protecting the donee of the gift against ejectÂment under the relevant law. The observation made in this decision that oral transfer by gift by a Muslim above hundred rupees required registration is not a correct interpretation of section 17 of the Registration Act. 11. None of ...... a casual observation, said that the suit property being of the value of more than Rs. 100/- no right, title or interest in it could, under section 17 of the Registration Act, be conveyed except by a deed in writing and duly registered. The particular transfer being an oral gift was, therefore, no..Category: Property Law | Date: | Hits: 37
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......atun Nessa; Taijan Bewa died leaving behind the respondent No.1 and Malekun Bibi; Bibijan Bewa died leaving behind brothers' sons Moyen Mondal, Jabbar Mondal and Rahimuddin. Malekun by a registered deed of heba-bil-ewaz deed dated 5.2.1982,transferred 6.32 acres of land to her brother's sons, the..Category: Property Law | Date: | Hits: 34
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....nd perused the judgment of the High Court Division and other connected papers. 4. The learned Single Bench further held that the original suit was one under section 77 of the Registration Act for registration of the disputed document which was disÂmissed by the trial court on the ground that th......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ..Category: Procedural Law | Date: | Hits: 97
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......din and sister Bashiron; that Tomizuddin and Boshiran then sold their shares (13+4 1/3) to defendant No.3; Tilumuddin sold his share (25+8 1/2 ) to his son defendant No.1 Abul Kashem and the deeds are in possession of defendant No.3; that Isha Kha possessed 45 decimals of land and he ..Category: Property Law | Date: | Hits: 33
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....een duly registered under the provision of clause (d) of sub-section (1) of section 17 of the Registration Act, 1908." 14. On perusal of the aforesaid provision it appears that for non-registration of deed of lease tenancy cannot be created in the name of a lessee. The instant suit b......for the time being in force, no agricultural or non-agricultural tenancy shall in law be created or deemed to have been created, even after acceptance of salami and/or rent from the lessee, till a deed of lease has been executed in favour of the lessee by any authority competent to grant lease o..Category: Property Law | Date: | Hits: 25
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... as defendants with a prayer for their eviction from the suit premise alleging, inter alia, that the defendants were inducted as tenants in the suit premise by the plaintiffs on the basis of a deed of agreement dated 26.10.1988 and that the defendants paid rents up to the months of August, ..Category: Property Law | Date: | Hits: 35
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....pellants that the Exts. B and B (2) being the document of 30 years old have presumption of correctness. The said submission has been made to substantiate the contention that had at the time of registration of the said documents i.e. Exts. B and B (8) whereby rent receiving interest was sold ......and he transferred the said land by oral gift to his wife Nayjan Nessa and mutated her name and paid rent, that Taresh Haider transferred the rent receiving interest to one Maniruddin Biswas by the deeds dated February 15, 1943 and 28. 4. 1943, that during S.A.operation land was recorded wrongly ..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....at 10.11 AM while he granted those dakhilas but the contents of the certified copies of the kabuliyats show that they at the same dated and time were present at Calsonirhat Sub-Registry Office for registration of the kabuliyat and the distance between the two places is about 10 to 12 miles. ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ...... of the same on payment of rent to the landlord and S.A. record was duly prepared in the name of Abdul Aziz; subsequently on 13.10.82 the land was transferred to the plaintiffs by a deed of haba-bill-ewaj; and the plaintiffs, continued to possess the suit land on payment of rent t..Category: Property Law | Date: | Hits: 27
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