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Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......erty originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they were owners in possession, Rup Chand Mondal transferred his 8 annas share in the property by a registered deed dated 11-12-63 in favour of Girish Chandra Mondal who is the owner of the rest half of the prop..

Category: Property Law | Date: | Hits: 39

Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

....urt, Chittagong in other Appeal No. 175 of 1966 reversing those dated 31.3.66 passed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a benami document and also ...... and 2 contested the suit by filing separate written statements denying the claim of the plaintiffs. In his written statement defendant No. 1 asserted that the Impugned Kabala was an out and out sale deed and lie paid consideration money for the same and also got possession. It was further asserted ..

Category: Property Law | Date: | Hits: 29

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......it in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in favour of the plaintiff, her son and that defendant had been a monthly tenant in the..

Category: Tenancy Law | Date: | Hits: 148

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ......njoyed by the allottee residents of the sector concerned. Since in both the Rules common question has been raised these are being disposed of by this judgment. 5. Relying on clause 21 of the lease deed of the respective petitioner on the basis of which ease was granted to him learned Advocate for..

Category: Property Law | Date: | Hits: 55

Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)

.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......7 by constructing dwelling house. He also has been possessing the remaining land of plot No. 247 and also the land of plot No. 246 growing crops and enjoying them. Kefatullah executed a heba-bil-ewaz deed in favour of his grand sons named Shahidullah, Amanullah and Habibullah on 16.09.1997 bearing d..

Category: Property Law | Date: | Hits: 36

Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)

....on deny­ing all the material averments made in the petition alleging, inter alia, that the case is not maintainable and it is bad for defect par­ties. The vendor sold the land to them by registered kabala dated 31st January, 1998, and delivered possession to them on the same date. The pre-emptors ......out of which .05 acres of land is the disputed land. The pre-emptors are co-sharers by purchase in the said land. The said land originally owned and possessed by pre-emptee Nos. 3-4 by purchase and a deed of Hiba-bil-Ewaz. Pre-emptee No.4 was possessing and enjoy­ing .17 acres of land on the streng..

Category: Property Law | Date: | Hits: 22

Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)

....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......ames were duly recorded in S.A. Khatian No.158. The father of the defendant Nos.1 and 2 purchased the suit land from the heirs of the aforesaid Motaher Ali in favour of the defendant Nos.1 and 2 vide deed No.5572 dated 10.08.1994. As the defendant Nos.1 and 2 were minors so they were possessing the ..

Category: Property Law | Date: | Hits: 25

Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)

....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......0 of 1999 in the Court of Assistant Judge, Bhedergonj, Shariatpur for declara­tion of title in respect of .08 acres of land as described in schedule to the plaint with a further declaration that the deed No.1475 dated 18th April, 1985 registered before the Sub-Registrar, Palong, Shariatpur is forge..

Category: Property Law | Date: | Hits: 21

Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)

.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......chedule to the plaint. Its' case is that Kali Mohon Sen Gupta, the recorded owner of the suit lands as per request of the local people gifted the same to the plaintiff on 1st May, 1954 by executing a deed of gift and since then, the plaintiff school has been owning and pos­sessing the suit pond. Th..

Category: Property Law | Date: | Hits: 26

Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers Vs. Sree Nripendra Chandra Mandal and others, 2010, 39 CLC (AD)

....o prepare paper books out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ...... usufruct of the land from them; that Niroda Bala gifted 52 acre of land from plot No.119 and 1.16 acres of land from plot No.97 of Bagdhuna mouza to the plaintiff No.1 by executing and registering a deed of gift on 12.06.1972 and in 1977 Niroda died leaving behind only son plaintiff No.1 and the pl..

Category: Property Law | Date: | Hits: 58

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ...... of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the property in C.S. Plot No.65 is a Debutter property created by Roy Bahadur Karuna Das Bose by a reg­istered deed of Arpannama dated 01.05.1914 wherein the ancestors of the petitioner have given details regard..

Category: Property Law | Date: | Hits: 23

Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)

.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548....... by his order dated 14.03.2006 issued the impugned certificate of title under Section 33(7) of the Artha Rin Adalat Ain, 2003 and the certificate was registered with Sub-reg­istrar office Demra vide deed No.15 of 2006 dated 31.05.2006. The executing court by his order No. 98 dated 07.06.2006 dispos..

Category: Civil Law | Date: | Hits: 73

Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)

....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......pos­session, contending, inter alia, that the suit land originally belonged to late Purna Chandra Ghose and others, that they transferred the suit-land to Hajera Bibi and her son Yasin by registered deeds dated 21.05.1954 but the property was requisitioned. That long thereafter the owners appointed..

Category: Property Law | Date: | Hits: 21

Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)

....nd contested the suit by filing a separate written statement on 2-11-1979. They support the Case of the defendant No. 1 and contended, inter alia, that they purchased the suit land by five registered kabalas Exhibit A (1)—A (5) and they are in possession of the suit land. 4. The learned Munsif ......00 00 executed a bainapatra on 20th Sraban, 1378 BS corresponding to 06-08-1991 and delivered physical possession of suit land favour of the plaintiff and agreed to execute and register the necessary deed of sale in favour of the plaintiff as soon as possible that the plaintiff accordingly went into..

Category: Civil Law | Date: | Hits: 94

Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)

.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......is maternal grandmother, Niroda Sundari, had been the owner of 0.26 acre of land of plot No. 30 measuring an area of 0.80 acre of land. She gifted 0.14 acre of land to the plaintiff by the registered deed of gift dated 12-9-1970 and thereafter died, leaving behind the plaintiffs mother as her only h..

Category: Procedural Law | Date: | Hits: 85

Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)

....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......ka with a prayer for partition on the allegations, inter alia, that one Akhtaruzzaman owned and possessed 2½ kathas of land fully described in the schedule to the plaint by virtue of registered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the death of Akhtaruzzaman the said schedule pr..

Category: Property Law | Date: | Hits: 113

Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)

....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......Dhaka in Title Appeal No. 48 of 1997. 2. The opposite party No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to the Court of First Additional Assista..

Category: Procedural Law | Date: | Hits: 90

Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)

.... of the learned Additional Assistant Judge, 1st Court, Sadar, Gazipur, for specific performance of contract. His case is that the suit land belonged to the defendant, who purchased the said land by a kabala deed dated 29th September, 1969. He entered into a con­tract on 14th June, 1973 for sale of ...... learned Additional Assistant Judge, 1st Court, Sadar, Gazipur, for specific performance of contract. His case is that the suit land belonged to the defendant, who purchased the said land by a kabala deed dated 29th September, 1969. He entered into a con­tract on 14th June, 1973 for sale of the sai..

Category: Property Law | Date: | Hits: 23

Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)

....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......ther of the defen­dant No.1, came to her house and request­ed her to give ½ decimal of land for the road and she having agreed went to the Registry Office and in good faith executed registered the deed of gift in favour of the petitioners and then on 4.1.1991 the defendant No.1 disclosed to her t..

Category: Property Law | Date: | Hits: 26

Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)

....s and as there was arrear of rent of the landlord Fatik Chandra who were the auction purchaser sold to Nirola Bibi and others on 16.03.1939 and the defendants are the pur­chasers from Nirola Bibi by kabala dated 09.09.1957 and their names have been recorded in the name of the defendants and they ha......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505...

Category: Property Law | Date: | Hits: 23