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Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....resent Feni and while as owner in khas leased out the same to one Nurul Huq Meah and Basirullah by registered kabuliyat dated 25.6.1951, Basirullah gifted his portion of land to his son Oziullah by a heba deed on 6.6.1963. Thereafter Oziullah and said Nurul Huq transferred the suit land to the plain......t Feni and while as owner in khas leased out the same to one Nurul Huq Meah and Basirullah by registered kabuliyat dated 25.6.1951, Basirullah gifted his portion of land to his son Oziullah by a heba deed on 6.6.1963. Thereafter Oziullah and said Nurul Huq transferred the suit land to the plaintiff ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ...... of salami and granted dakhila and that said Samsuddin Mondal. the pattan holder, while thus possessing and enjoying usufructs therefrom sold the said land to the writ petitioner by regis­tered sale deed dated 20.04.1968 and being owner as aforesaid the writ petition­er got her name mutated and ob..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......g his life time transferred 5.60 acres of land by a registered Heba-bil-ewaz executed on 31.12.1948, to his grand son Hasanuddin. 7. In support of his contention the certified copy of the said deed was produced in the Trial Court but neither explained the rea­son for not producing the same i..

Category: Property Law | Date: | Hits: 19

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......ltivated the same. The S.A. record has been prepared in the names of Sakhawat and Babor Ali. On 18th March, 1963 Shakawat Ali sold 50 decimals of land to the plaintiffs father Obaidul by a registered deed and deliv­ered him possession. The Khatian has also been prepared in the name of Obaidul, who ..

Category: Property Law | Date: | Hits: 18

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....rived 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: VII ADC (2010) 330. ......the basis of alleged settle­ment and the defendant No. 1 has no right, title and interest in the second schedule land. The Government by Memo No.532 dated 21st May, 1986, cancelled the alleged lease deed in favour of defendant No.4 and thereafter the plaintiff came to know that the aforesaid cancel..

Category: Property Law | Date: | Hits: 25

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......f viti land with a tin shed alleging, inter alia, that the defendant sold 0.04 acres of viti land along with a tin shed thereon at a consideration of Tk.99,000/- to the plaintiff by a registered sale deed dated 29.3.1990 with an agree­ment of reconveyance  executed and regis­tered on the same day..

Category: Property Law | Date: | Hits: 21

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....arrived 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: VII ADC (2010) 324. ......stipulated that the balance money of Tk. 29,000/- would be paid within 9th December, 1994 and the father of the defendant Nos. 1 and 2 on receipt of the said money would execute and register the sale deed in favour of the plaintiff. The plaintiff approached to the father of defendant Nos. 1 and 2 on..

Category: Property Law | Date: | Hits: 26

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......1200 square feet building pressing into service basic contentions that Dr. Md. Yasin having being owner of 8(eight) annas share in Plot No.982 transferred the same in favour of Shamsuddin Mollah by a deed of conveyance dated 07.06.1962. Shamsuddin Molla, thereafter transferred the said land in favou..

Category: Property Law | Date: | Hits: 22

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......plot No.254. 3. In the said suit the plaintiff stated, inter alia, that .21 acres of land of plot No.243 belong to Nayeb Ali and others and they transferred the same to Abdur Rahim Sheikh by a deed of Sale dated 08.02.39 and after his death his son Mahatab Sheikh got the same and he settled t..

Category: Property Law | Date: | Hits: 20

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......ng the respondents for selling out the machineries; laboratory equipments, factory building allotted plots and other properties  straight way without having decree from court. Even the hire purchase deed itself does not empower respondents to sell those valuable assets of the petition­er in a mana..

Category: Property Law | Date: | Hits: 29

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

....of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......s of land, the record-of-right being No. 1637 was prepared and published. Thus being owner in possession of 8 annas inter­est i.e. 2.575 acres of land, Kazemuddin sold .58 decimals to Allah Box by a deed dated 18.3.1974 and .58 decimals by a deed dated 10.2.1975  and 10 decimals by a deed dated 22..

Category: Property Law | Date: | Hits: 35

Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......gum on mortgaging the property took loan as aforesaid, who had no right, title and interest in the said proper­ty. One Abdul Hakim Khan acquired the said property on the basis of a registered kabala deed dated 17th February, 1961, who had been in possession in the said property for more than 12 yea..

Category: Property Law | Date: | Hits: 28

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......r class Suit No.38 of 1987. 2. The respondents as plaintiffs instituted other class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deed dated 13.1.1974 allegedly given by the predecessor of the plaintiffs in favour of the defendant..

Category: Property Law | Date: | Hits: 51

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......rs filed a petition in the Court of Assistant Judge, Shahrasti, Chandpur under Section 96 of the State Acquisition and Tenancy Act for an order of pre-emption in respect of land conveyed through sale deed dated 20.01.1990 in favour of the petitioner Abdul Gafur which was numbered as Pre­emption Cas..

Category: Property Law | Date: | Hits: 27

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......n place of said Chaturi Tanti and they paid ground rents and got dakhilas. Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No.13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16-6-1980 and the Additional Deputy Commissioner (Revenue) Dhaka..

Category: Property Law | Date: | Hits: 29

Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......a plastic bag from the field of one Ali Mia in that beel and the accused Sohel identified it to be that of his mother. At this stage, the accused Sohel told P.W.4 Md. Shawkat Alam and others that the deed body of his sister Sadia might be some where in the beel. They looked for the dead body of Sadi..

Category: Others | Date: | Hits: 83

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......ound floor but the learned Judges of the High Court Division failed to consider the said aspect of the matter and illegally dis­charged the rule nisi. 10. Annexure-D to the writ petition is a deed of undertaking given by Md. Abul Hossain, General Secretary, and Nawab Bari Bastra Samity being..

Category: Property Law | Date: | Hits: 29

Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)

....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......d­lord possessed the said lands for some time and subsequently he granted pattan to Ambaruddin and Genda Mahmud. Thereafter said tenants sold the same to Saiab Uddin, Sharof Uddin and Wahab Uddin by deed dated 13th January, 1940. The R.S. Record was prepared in the name of Sharof Uddin and Wahab Ud..

Category: Property Law | Date: | Hits: 18

Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)

....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......dra also died leaving him behind four sons namely, Monindra Chandra, Rashik Chandra, Tejendra Lai and Fanindra Lai. Tejendra Lai transferred .081/2 acres of land to one Habibur Rahman by a registered deed dated 22nd April, 1964. Fanindra Lai transferred his .081/2 acres of land to Jayanta Kumar by a..

Category: Property Law | Date: | Hits: 21

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

.... Station Keranigonj, District-Dhaka as morefully described in the sched­ule to the plaint was correctly recorded in the name of the Deity Sree Sree Gopal Jew Bigraha and Hari Priya Baisnabi was its shebait and accordingly the impugned C.S. Khatians were prepared and finally pub­lished in the name ......ts instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 13.01.1977 as described in the "Kha" schedule is illegal, collusive, null and void implea..

Category: Property Law | Date: | Hits: 29