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Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....1986 mussed in Title Suit No.405 of 1984 and for cancellation of the kabala deed registered through Court in favour of the decree holder appellant; that the Title Execution Case No. 20 of 1986 was transferred to the Subordinate Judge, Commercial Court and Artha Rin Adalat No.2, Dhaka at the inst......ppellant filed Title Suit No. 405 of 1984 against the respondent Nos.3-4 for Specific Performance of Contract in the First Court of the Subordinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in..Category: Property Law | Date: | Hits: 31
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....72 of 1991 in the Court of learned Senior Assistant Judge, Sirajganj praying for declaration of title and for partition and also for permanent injunction restraining the defendant Nos.1 and 2 from transferring the suit land contending, inter alia, that the suit land belonged to Munju Sundari, Sh......uq, 1/3 rd portion from the middle was allotted to the saham of the defendant No. 5 Sadar Ali and Azizul Huq got the rest from the southern part. Thereafter, Serajul Huq sold his share by a Kabala deed dated 27-2-1967 in favour of the defendant Nos. 1-4. The defendant No. 1 is the husband and th..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......e party No. 6 got the said property on the basis of a compromise decree passed in the said suit on 23-1-1968 and thereafter sold the present suit premise to the plaintiff-petitioner by a Saf-kabala deed dated 21-1-1974 and handed over peaceful vacant possession of the said properties to her and s..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ...... 7.80 acres of land was fixed at Taka 8,000 and thereafter, he executed an agreement on 30-11-1963 on receipt of Taka 6,000. It was decided between the parties that Guru Doyal would execute a sale deed after receipt of the balance consideration of Taka 2,000 on obtaining necessary permissio..Category: Property Law | Date: | Hits: 22
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......fendant respondents claiming a saham of 1/5 share in schedule 'Ka' land and for declaration that three registered documents, one being a bainapatra fully described in schedule 'Kha' and two kabala deeds as fully described in schedule 'Ga' to the plaint, are all illegal, collusive and not binding..Category: Property Law | Date: | Hits: 22
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....y the defendant on the basis of a false ainalnama. He accordingly decreed the suit. 6. The defendant took an appeal, Title Appeal No.16 of 1964 to the District Judge. The appeal was on transfer, heard by the learned Subordinate Judge, Kushtia, who agreed with all the findings of the ......1939 (Ext.1 b). Banamali Biswas sold the land to Jagabandhu Saha by a registered kabala dated 23 April 1947 (Ext. 1a). Jagabandhu exchanged the land with that of the plaintiffs by a registered deed dated 2 July 1955 (Ext. 1), which was termed as a kabala. The plaintiffs had been in possessio..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....aid land as the property of the Government. The respondents had been contesting the suit by filing a written statement denying the claim of the government-appellant. Subsequently the suit was transferred to the Court of Additional Assistant Judge, 3rd Court, Dhaka and renumbered as Title Su......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
.... two deeds of sale in favour of defendant No.6 Suresh and his mother defendant No. 7. 2. On 29 September 1980 the plaintiff brought the suit in the Court of Munsif at Patiya which was subsequently transferred to the Court of Subordinate Judge of that place for pre-empting the suit property and al......d unmarried to be succeeded by his two surviving brothers- the plaintiff and defendant No. 3. Krishan died leaving behind one son defendant No. 2 Kanu and his widow. Defendant No. 5 Kanu executed a deed of sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defenda..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......r was the legal owner of the suit property since 1970. Previously it belonged to her father late Mohammad Ali Meghani who purchased the plot of land from the Government of East Pakistan by a lease deed executed on the 23th May, 1960 and registered on the 4th June, 1960. The father of the writ pe..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....e averments that vendor-respondent No.1 sold the land to respondent No. 2 by a kabala which was executed on 16.5.77 and registered on 14.11.77. The pre-emptor was a co-sharer and no notice of transfer was served on him and that he has filed the case for pre-emption within 4 (four) months fr......operty which was transferred by the kabala executed on 16.5.77 and registered on 14.11.77 has already been transferred to him by the respondent No. 5 on 18.2.78 on the basis of registered deed of agreement for reconveyance executed 16.5.77 and as such the appellants cannot claimed pre-e..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....operty as is referred to in paragraph 4 to be void, illegal, improper, irregular, incorrect or otherwise inoperative or ineffective, or which direct or require the restoreation, return, transfer or other disposition of any property as has been so taken over or vested, shall stand a......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
.... of the aforesaid Ordinance. Abdus Satter Shaha Chowdhury also preferred Miscellaneous Appeal No. 153 of 1981 before the said court. After creation of district at Nowgaon said two appears were transferred to the court of district Judge, Nowgaon and renumbered as Miscellaneous Appeal No......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ...... died leaving surviving one son Reazuddin as his sole heir Reazuddin exchanged the said .01 acre of land verbally with Shamsuddin. The remaining .10 acre was sold by Bisahatullah by a registered sale deed dated 13 January 1922 to Abdul Barek, Abdul Mannaf and Abdul Jabbar with full knowledge and con..Category: Procedural Law | Date: | Hits: 36
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......quer of the Government upto 31.8.81, was the owner in possession of a house situated at Plot No. 43, Road No.2, Block-B, Section-1, Mirpur Housing Estate, Mirpur, Dhaka, which he got under a lease deed dated 1.12.1961 for a period of 99 years on payment of full cost of Tk. 2700/- to the Governme..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......ment for sale delivered the possession of the suit property to the plaintiff and it was agreed upon that on payment of the balance amount the defendant would execute and register the required sale deed but the defendant was arrested and in such situation, the wife of the defendant requested the ..Category: Property Law | Date: | Hits: 34
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....rt of Subordinate Judge (now Joint District Judge), Dhaka, impleading Ful Mehar Bibi and thirteen others as the defendants. The suit was subsequently renumbered as Partition suit No. 113 of 1991 on transfer. The Suit land originally belonged to Sheikh Nazimuddin and Abdus Salam, sons of late Rai...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....d service station on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Company Limited. This company was acquired by Bangladesh Government and interest of the company was transferred to Meghna Petroleum Limited who is defendant No. 2 in the suit and M/s James Finlay and ......rt fact leading to this appeal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of the suit property by lease deed dated 1.3.1952 for a period of 25 years and took possession of the same. While in possession ..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
.... on receipt Tk. 38,100/- She delivered possession of a portion of the property to him. It was stipulated in the bainapatra that Sarna Kumari would take clearance from Income Tax Authority for transferring the property. In the meantime she died leaving behind defendant No. 2, her mother......against defendant No. 1, Md. Shamsul Huda and defendant No. 2 Benode Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performance of contract and the deed of transfer obtained on the basis of the said decree are illegal null and void on the ave..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......ent of their respective house as abandoned property. 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......id not pay any rent from 1388 B.S. and before that also rent was not paid regularly and this evidence could not be dislodged or disproved by the defendant. It is clear that even if according to the deed of agreement creating tenancy Tk. 25/- only would be adjusted towards the monthly rent for ever..Category: Tenancy Law | Date: | Hits: 175
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