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Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......ation by an Indenture of Agreement concluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The aforesaid deed of agreement contained many conditions and after allotment of the aforesaid building the deli..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......aintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dhaka praying for a decree of declaration of title and for further declaration that the Heba-bil-Ewaz deed No.37889 dated 24.11.1980, executed by donor Munshi Imamuddin Dewan in favour of his daughter..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......q Anwar was solemnized in the case house but the kabinnama shows that it was held in the office of the marriage registrar at 100, Zafrabad, Rayerbazar. The petitioner has not submitted original lease deed of Manzur Ahmed the act of unregistered deed given along with absence of original lease deed an..Category: Property Law | Date: | Hits: 31
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......aneous Case No. 47 of 2003 in the 1st Court of Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 executed by the opposite party Nos. 2-6 in favour of opposite party No. 1 of th..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
.... the High Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf kabala deeds described in the schedule of the plaint are collusive, forged, fraudulent and without c......gh Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf kabala deeds described in the schedule of the plaint are collusive, forged, fraudulent and without consider..Category: Property Law | Date: | Hits: 34
.... 2005 i.e. Mohiuddin Khan and another as plaintiff filed the above Title Suit No.16 of 1992 on 06.02.1992 against the heirs of Shihamul Haque since deceased and others stating inter alia that they by kabala Nos. 1586, 1588, 1589 and 1600 dated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respect......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 16.061980 and the Additional Deputy Commissioner (Revenue) Dhaka..
Category: Property Law | Date: | Hits: 43
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......ication for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a registered deed of Arpannama dated 01.05.1914 wherejn the ancestors of the petitioner have given the management..Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....he same court for setting aside the said ex parte decree which was decreed on contest in favour of her. Achhiya Khatun while in khas possession transferred the suit land along with other lands by a kabala dated 9.6.1953 to the plaintiffs and delivered possession thereof. The suit land was wrongly......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....r India. During the liberation movement the suit property along with the structures upon it such as godown, offices etc. were completely gutted into ashes by fire. The plaintiff expected that the saf-kabala deed would be executed and registered soon after the liberation. After the liberation war the......n agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- was paid by him as earnest money. It was stipulated that the sale deed would be executed and registered in favour of the plaintiff within 3(three) years after recei..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......nefited to end the met in consideration of money. Subsequently the lease was cancelled as the original lease holder failed to comply the lease money to the Government as per terms of the lease deed made between the parties and as such the present petitioners are actual physical possesso..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......uiring title and possession thereof and during the last survey, the suit land was wrongly recorded in the name of the father of defendant Nos. 1 and 2 and that their father by executing registered deed of muktipatra dated 16.10.1997 disowned his claim of wrong record relating to suit land within..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....d to mention the boundary and plot number of the suit land. Moreover D.W.1 Anwor Hossain and D.W.2 Masaddar Khan were also closely related with defendant No.1. D.W.3 was the scribe of the kabala whereby defendant No.2 transferred the suit land in favour of the defendant No.1. He was no......enjoying usufructs therefrom paying rents and taxes regularly to the Government. The defendant No.2 subsequently sold a portion of land to defendant No.1, a Londoner, by a registered sale deed and taking advantage of such registered sale deed, the defendant No.1 started threatenin..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....dul Halim, Abdul Gani and Abdul Kader by different registered Kabuliats and patta dated 2.8.1951, 27.5.1951, 29.7.1951 and 15.9.1953 and thus exhausted his interest in the suit Khatian. Exhibit-1 the kabala deed dated 19.10.1955, was executed by false personification when Torab Ali was not alive. Si......im, Abdul Gani and Abdul Kader by different registered Kabuliats and patta dated 2.8.1951, 27.5.1951, 29.7.1951 and 15.9.1953 and thus exhausted his interest in the suit Khatian. Exhibit-1 the kabala deed dated 19.10.1955, was executed by false personification when Torab Ali was not alive. Since Tor..Category: Procedural Law | Date: | Hits: 105
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
.... brother and Karta of the joint family purchased the land in his name out of the income of joint property; that the plaintiff purchased 0.03 acre land from suit S.A. Khatian No. 1997 by registered kabala dated 15.12.1977 out of income of joint family in the name of the plaintiff and by way of an......ind two sons namely, Rawsraj Banik and Ashwani Kumar Banik and each of them inherited 0.17 acre of land out of said 0.34 of land; thereafter, Ashwani Kumar Banik sold 0.8 acre of land by registered deed dated 06.06.1957 and by another registered deed dated 05.06.1957 soldO.9 acre of land in favo..Category: Property Law | Date: | Hits: 99
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... Other Class Suit No.14 of 1981 in the Court of learned Assistant Judge, 1st Court, Patiya, Chittagong against the petitioners and pro forma respondent Nos. 4-9 for declaration that two registered deeds of gift Nos. 1002 dated 02.02.1971 and 5371 dated 29.04.1978 in favour of the defendant Nos. ..Category: Property Law | Date: | Hits: 92
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ...... one Surat Ali Gazi brought Title Suit No. 107 of 1992 against the plaintiffs and the same was dismissed on 01.03.1993 and Barik Moral did not surrender tenancy right to his landlord and so-called deed of Kubuliyat is void and not acted upon and the deeds dated 26.11.1953, 11.05.1960, 11.10.1961..Category: Property Law | Date: | Hits: 90
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ...... 3. The defendants contested the suit denying the averments of the plaint asserting that Abdul Hakim Chowdhury during his life time transferred the suit property to defendant Nos.1-3 by registered deed of Wasiatnama dated 1.11.1962 within the knowledge of plaintiff and defendant No.10. Abd..Category: Property Law | Date: | Hits: 97
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....er as Miscellaneous Case No.91 of 1983 for pre-emption of the case land measuring 79 decimals out of 2.26 acres of land under section 96 of the State Acquisition and Tenancy Act which was sold by the kabala deed dated 27.1.1973 on the allegation that she is a co-sharer in the case holding by inher......iscellaneous Case No.91 of 1983 for pre-emption of the case land measuring 79 decimals out of 2.26 acres of land under section 96 of the State Acquisition and Tenancy Act which was sold by the kabala deed dated 27.1.1973 on the allegation that she is a co-sharer in the case holding by inheritance ..Category: Property Law | Date: | Hits: 61
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......ssing the impugned order, the High Court Division did not take into consideration that the suit property had already been mutated in the name of the petitioner after registration of the sale deed and unless and until the said sale deed is cancelled by a competent civil Court, the s..Category: Property Law | Date: | Hits: 106
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ...... purchasers. It is also alleged that the pre-emptors sought to pre-empt the transfer made by the opposite party Nos. 5 and 6 in favour of the opposite party Nos. 1-4 on the basis of an alleged deed of gift which is in fact a deed of sale dated 30.9.98 and they learnt about the said transfer ..Category: Property Law | Date: | Hits: 44
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