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Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... Mohan Sarkar. While Surendra Mohan Sarkar was in possession of the said land as the rightful owner he sold 27 decimals of land from plot No.1054 to Sheikh Jobed Ali and Sree Roy Chand Sutradhar vide kabala dated 12.05.1951 being No.2440. Subsequently, Surendra Mohan Sarkar purchased 7812 decimals o......No. 190 of 1999 in the Court of Assistant Judge, Dhamrai, Dhaka against the petitioners and respondent Nos.5 and 6 for declaration of their title to the suit land and for further declaration that the deed dated 04.12.1997 in respect of the suit land was not binding upon the them and for correction o..Category: Property Law | Date: | Hits: 68
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....ra Lal Das and Mohendra lal Das. They mutated their names in R.S. Khatian in equal shares. Mohendra Lal Das got 1.36 acres in his share who transferred .80 acre in favour of his wife Josoda Kumari by kabala dated 13th November, 1928. Josoda Kumari while enjoying right, title and possession died leav......uit. 2. Short facts as disclosed in the plaint are that the suit schedule Nos.1-3, measuring an area of 2.72 acres, originally belonged to one Prasanna Kumari Dasi who, transferred the same by a deed dated 14th June, 1919 in favour of Zogendra Lal Das and Mohendra lal Das. They mutated their na..Category: Property Law | Date: | Hits: 74
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....r got saham of the said 29 decimals of land upon amicable partition. Paresh tried to dispossess Nepal by denying his Korfa pattan. Thereafter, through the settlement of well wishers Paresh executed a kabala on 05.05.1955 but he without registering the same came back and ultimately, the deed was regi......spossess Nepal by denying his Korfa pattan. Thereafter, through the settlement of well wishers Paresh executed a kabala on 05.05.1955 but he without registering the same came back and ultimately, the deed was registered through miscellaneous case by presenting the same before the District Registra..Category: Property Law | Date: | Hits: 66
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......igh Court Division is perfectly justified in interfering with the judgment of the Court of appeal below. 5. We have heard the learned counsel of the parties and perused the judgments. The impugned deed was registered on 11th March, 1995 and the case was instituted on 26th November, 1995 beyond th..Category: Property Law | Date: | Hits: 72
....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
......esiding on the suit land constructing dwelling structures thereon and on payment of rent, municipal tax etc. The said defendants transferred the suit property to the plaintiffs by a registered sale deed dated 12.05.1970, but in that sale deed also mistakenly plot No. 1549 was written in lieu of pl..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
....pon and not binding upon him. 3. The plaint case, in short, was that Narayan Chandra Das transferred 1.60 acres of land including the suit land to the plaintiff and his nephew Dilip Kumar Das by a kabala dated 04.07.1985. The possession of the transferred land was duly handed over to the tran......ivil Revision No. 3306 of 2003 making the Rule absolute. 2. Respondent No.1 as plaintiff filed Title Suit No.47 of 1999 in the Court of Assistant Judge, Bawfal, Patuakhali for declaration that the deed described in schedule 'Ka' to the plaint was false, forged, not acted upon and not binding upon..Category: Property Law | Date: | Hits: 62
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......zation of the decreetal amount. During pendency of the execution case the judgment-debtor-petitioner sold the mortgaged property to respondent No.2, namely, Kamrunnahar Nazma by a registered sale deed dated 07.08.2006. It further appears that at the direction of the execution Court, respondent..Category: Civil Law | Date: | Hits: 108
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......nt Judge, Dhaka which on transfer to the 5th Court of Assistant Judge, Dhaka was renumbered as Title Suit No.80 of 1998 for declaration of title, recovery of possession and for cancellation of a sale deed dated 6‑2‑90 impleading the petitioners and others as defendants. In the plaint the valuati..Category: Civil Law | Date: | Hits: 68
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....t Court, Bogra. Subsequently, after the death of Borim Pramanik, another grandson, namely Abdur Rahman alias Batu, filed Partition Suit No. 7 of 1996 claiming their share on the basis of a registered kabala dated 7‑11‑1940 and in that suit petitioners are defendants. After the death of Abdur Rah......tioners filed written statement in the partition suit claiming that Borim Pramanik's daughter namely, Patashi Bibi, brought Other Class Suit No. 133/1941 for cancellation and setting aside the kabala deed dated 7‑11‑1940 by which they claim title to the disputed land. They further claimed that O..Category: Criminal Law | Date: | Hits: 62
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....pposite party No.4 without serving any notice under section 89 of the State Acquisition and Tenancy Act, 1950 upon the pre‑emptors, sold the case land in favour of the pre-emptees by a registered kabala dated 11‑2‑1996 and the purchasers are strangers in the holdings. The pre‑emptors havin......emptors, sold the case land in favour of the pre-emptees by a registered kabala dated 11‑2‑1996 and the purchasers are strangers in the holdings. The pre‑emptors having come to know about a deed on 15‑4‑1996, obtained the certified copy of the impugned kabala on 16‑4‑1996 and there..Category: Property Law | Date: | Hits: 98
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....se have been possessing the same having mutated their names in the record of right. A part of the suit property devolved upon the petitioner as the heir of Ishque Rashid, one of the recipients of the kabala who has been in possession of the suit land exclusively by way of family arrangement among th......in pursuance thereof Taka 500 was paid as advance for redemption of the mortgage and accordingly redeemed the same. Thereafter on receipt of Taka 1000.00 on different dates Helimullah executed a sale deed on 19‑11‑18 corresponding to 3rd Agrahayan, 1325 BS in favour of his said 4 sons who on pur..Category: Trust/Waqf Law | Date: | Hits: 165
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......e-emption petition, pre-emptor further alleged that she is not only a co-sharer by inheritance but also by purchase, as she purchased some land from Sayedunnessa and Obaidul Hoque by two registered deeds both dated 06.02.1991. Opposite-parties Nos.14 to 25 are co-sharers by purchase. Opposite-pa..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
.... into an agreement with the plaintiffs to sell the suit land along with the pucca structures thereon. Subsequently, Mahmuda Begum sold the suit land to the plaintiffs by executing and registering 3 kabalas on 09.06.1969. The plaintiffs paid up the loan of the House Building Finance Corporation. Af....... Subsequently, Dilip Kumar Roy most illegally gave a power of attorney to one Kawsar Uddin on 17.05.1956 to look after the property. On the basis of the said power of attorney Kawsar Uddin created a deed in favour of his wife on 25.06.1958 though no consideration passed and during S.A. operation ..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ...... decimals land out of their 1.17 acres of land was acquired by the Government for the purpose of construction of a by-pass road and that the defendant No.1 Shamsul Hoque, by creating a false Kabala deed in respect of their 1.17 acres of land, was trying to receive the compensation money for the ..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....laintiffs within 7(seven) days from the date of receipt of the notice and execute and register the sale deed but the defendant by giving reply to the legal notice denied to execute and register the kabala on the plea that he entered into agreement to sell 33 decimals of land only from suit plot nu......nt it was stipulated that the balance consideration of TK. 29,42,500.00 would be paid to the defendant within 3(three) months and on receipt of the payment thereof, he would execute and register sale deed in favour of the plaintiffs in respect of the suit land. On the same date, that is, on 07.07.20..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......llottee of plot no. 13-B, CWA, road No. 35, Gulshan Model Town, Dhaka by the then Dhaka Improvement Trust (in short, DIT) measuring 14 Katha 5 chattaks for residential purpose and accordingly a lease deed was executed between the parties concerned on 27.09.1963 for a period of 99 years (Annexure-A)...Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......May, 1989 initially for a period of one year on the basis of an agreement Annexure‑A dated 22.4.89.Thereafter the lease period expired on 30 May 1991. It is provided in the second page of the lease deed as follows: “যেহেতু এই কাজের জন্য সমিতির ক..Category: Civil Law | Date: | Hits: 56
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ......waz date 13.2.81 in exchange for a prayer‑mat; no notice was, however, served on the pre‑emptors who came to learn about the transfer on 15.3.81 and there‑after they obtained a copy of the said deed and filed this Miscellaneous case for pre‑emption. 3. The pre‑emptee opposite party Nos...Category: Property Law | Date: | Hits: 75
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......ities, promissory note, letter of disbursement, letter of guarantee, demand cash credit and hypothecation goods against the loan. The said predecessors of the respondents also registered a mortgage deed in favour of the plaintiff bank on 25.10.83 and submitted the partnership agreement of running ..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....hort, was that Sarif Lokman Ahmed was the maternal uncle-in-law of the plaintiff. The plaintiff purchased 13 decimals of land of plot No.4275 of mouza Magura from Sarif Lokman Ahmed by a registered kabala and had been possessing that 13 decimals of land by constructing homestead thereon. Subsequen......avour of the plaintiff on 18.11.1981 and also delivered of possession of that 27 decimals of land to the plaintiff. It was stipulated that Sarif Lokman Ahmed would execute and register the kabala deed in respect of the said 27 decimals of land in favour of the plaintiff on receipt of the balance..Category: Property Law | Date: | Hits: 51
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