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Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ...... Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the petitioners by 2(two) deeds dated 03.02.1977 and 08.02.1977. The respondent No.1 claiming to be a co-sharer by inher..Category: Property Law | Date: | Hits: 24
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....the defendant No.1 but he, in violation of the terms and condition of the agreement of reconveyance, transferred the suit land in favour of the defendant Nos.2 and 3 by a registered kabalas dated 19.1.1979 and 30.6.1979; that the plaintiff on 30.10.1979 asked defendant No.1 along ......ossession and enjoyment of the suit land he proposed to sell the same and the defendant No.1 agreed to purchase the same at a consideration of Tk. 5991/- and then the plaintiff executed a sale deed on 20.2.1974 and on the same date the defendant No.1 also executed an agreement of re-co..Category: Procedural Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469....... of schedule Ka belonged to Deyanatullah son Bhwa Sheikh and Deyanatullah had given estafa of the above land to the superior landlord who then sold the same land to the defendant No.1 vide registered deed dated 7.10.1952 and since then the defendant No.1 has been possessing the same and that Deyantu..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
.... right is S.A. Khatian No. 970 in respect of 30 decimals of land was prepared in the name of the plaintiff No.1 who out of that sold 15 decimals of land in favour of the plaintiff Nos. 2-5 by kabala dated 13.8.1979 and also delivered possession to them and thus the plaintiff Nos.1-5 ar...... Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and Ga to the plaint are illegal, collusive, null and void..Category: Property Law | Date: | Hits: 34
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ...... respondent to file writ petitioner No. 1625 of 1989 wherein order was passed on 03. 12.1989 directing the appellant to accept the rent of 1395 B.S. after adjusting the amount paid and execute the deed in favour of the respondent for 1396 to1398 B.S. Inspite of the same the appellant No.1 initia..Category: Civil Law | Date: | Hits: 101
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
.... to be proved, or where secondary evidence is admissible, secondary evidence of its contents may be proved. The terms of the document cannot be proved by any other mode of proof. The impugned kabala has been proved under Section 91. 13. Section 92 of the Evidence Act provides th......iscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6.91. Her case was that she was a co-sharer in the holding along with res..Category: Property Law | Date: | Hits: 66
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
.... 36 of 1985, dismissing the suit. 2. The plaintiff-respondent Md. Mujal Mollah (substituted by his heirs and successors since his death) instituted the suit for a declaration that four kabalas are null and void and not binding upon him. He averred that the suit land originally belon......attained solvency. In such a climate of mutual trust the plaintiff mortgaged one bigha of land to defendant No. 1 and got a sum of Tk. 1,000/-. The mortgage was for 6 years and the registered deed of mortgage is dated 1-3-79. On 15-6-83 defendant No. 1 began to excavate a pond in the suit l..Category: Property Law | Date: | Hits: 34
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......g to the land as regard to which dispute cropped up. 3. The further allegation of the respondent No. 2 is that on the basis of the documents left with the appellant he has created forge deed No. 86 showing execution thereof on September 10, 1975 and registration on January 8, 197..Category: Criminal Law | Date: | Hits: 50
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....tian (Ext. B) stands in the name of the plaintiff's vendor Bashirullah. It also found that the plaintiff mutated his name and paid rent to the Government by rent receipts (Ext.3 series). Series of kabalas Ext. 5A to 5E show that Azhar Ali and his heirs sold away all the .7 acres of land which Az......d his entire share in khatian No. 3 to Sirajul Haque and divested himself of all interests therein. Hamid Ali sold the entire .7 acres of land in plot No. 202 to his son Bashirullah by a registered deed dated 23-3-53. Bashirullah in his turn sold .3½ acres out of .7 acres of land to his b..Category: Property Law | Date: | Hits: 33
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
.... right in S.A. Khatian No. 970 in respect of 30 decimals of land was prepared in the name of the plaintiff No.1 who out of that sold 15 decimals of land in favour of the plaintiff Nos. 2-5 by kabala dated 13.8.1979 and also delivered possession to them and thus the plaintiff Nos.1-5 ar......er Nos.1-19 as well as the predecessors of the respondent Nos.8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of Ka scheduled land and also seeking declaration that the deeds as described in the schedule Kha and Ga to the plaint are illegal, collusive, null and void, ..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ......ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived 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: VI ADC (2009) 416. ......rney from Sudhir Kumar Roy Chowdhury in India in respect of the suit land and other land on 22.5.1965 and the defendant Nos.3 and 4 purchased some land from the defendant No.1 who executed the deed as constituted attorney. But as the suit land was declared as vested property they submit..Category: Property Law | Date: | Hits: 23
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....hat the suit is not maintainable in its present from and the plaintiff-petitioner's mother for necessity to maintain his family sold the suit property to the defendant-respondent by registered kabala and delivered possession of the same in the year, 1976. 4. The plaintiff-petitioner e......suit land by making house thereon but the defendant-respondent never possess the suit land; that the defendant-respondent never got the possession of the suit land on the basis of the alleged deed of sale and as such, the judgment and order passed by the High Court Division is liable to be ..Category: Property Law | Date: | Hits: 30
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....he Court of Assistant Judge, Savar, Dhaka and obtained ex-parte decree and got the deeds registered through Court. The plaintiffs were in possession. On 10.7.1989 the plaintiffs came to know of the kabala in the name of the defendant Nos. 1-8 regarding the suit land which were executed by th...... are that the plaintiffs instituted title Suit No. 86 of 1992 in the Court of Senior Assistant Judge, Savar, Dhaka for declaration of title, recovery of khas possession and for cancellation of deeds of schedule of the plaint stating, inter alia, that the suit land comprising 36 decimals bel..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......ng of the writ petition; that the present petitioner duly took lease of the Pathor Mohal for 1412 B.S. to 1414 on 30.03.2005; there-after he paid rent for 1412 B.S. on 10.04.2005 and execute lease deed on 11.04.2005 and got delivery of possession on 11.04.2005; that under the cover of statue-quo..Category: Property Law | Date: | Hits: 25
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ...... acres of the land to Meharun Nessa by registered Pattan dated 07.12.1933 which land Meharun Nessa at first enjoyed through her father and letter on through her husband. 3. Meharun Nessa by a deed of heba-bil-ewaz dated 12.02.1982 transferred said land to the plaintiffs and delivered posses..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....mption of the suit land is illegal and void on the averments that the suit land belonged to defendant No.1 petitioner who transferred the same to the defendant No.5, the respondent No.6 herein, by kabala dated 28.10.1977 and thus being owner in possession of the suit land the defendant No.......the stamp was bought on 25—77 A.D, corresponding to 8.7.84 B.S. and the English month in the stamp was deliberately torn and further the signature of Amjad Ali, the defendant No.5 in the deed of sale dated 19.1.1987, exhibit-3, does not tally with that as made in exhibit-Uma and ..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....perty. The petitioner and his other brothers have no right, title and interest in the purchased 1150 satangsha and 100 satangsha land from B.S. plot No.233/234 under B.S. Khatian No. 1058 vide kabala No.8794 dated 14-12-2002 for fishing project. From B. S. Khatian it would be clear that the ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ement with the appellant to sell the Cinema Hall for Tk. 50,00.000/- and on receipt of Tk. 40,00,000/- executed an agreement for sale and that as respondent No.2 did not execute and register the sale deed, the appellant filed a suit for specific performance of contract against the respondent No.2. T..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....f summons upon the defendant-respondents and exhausting all the process of law decreed the suit ex-parte on 29-06-1986 but due to failure on the part of respondent No.3 to execute and register the kabala in favour of the appellant for the suit land within 60 days and in the aforesaid terms of th......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
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