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Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....e defendant Nos. 3 and 4 are the full brothers of the defendant No.1. The defendant Nos. 3 and 4 sold their share measuring an area of 0.0150 acres of land including 1/6th portions of the shop by a kabala deed dated 17-9-1990 in favour of the plaintiff who demanded partition and that was refused......uq, 1/3 rd portion from the middle was allotted to the saham of the defendant No. 5 Sadar Ali and Azizul Huq got the rest from the southern part. Thereafter, Serajul Huq sold his share by a Kabala deed dated 27-2-1967 in favour of the defendant Nos. 1-4. The defendant No. 1 is the husband and th..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....opposite party No. 6 got the said property on the basis of a compromise decree passed in the said suit on 23-1-1968 and thereafter sold the present suit premise to the plaintiff-petitioner by a Saf-kabala deed dated 21-1-1974 and handed over peaceful vacant possession of the said properties to he......e party No. 6 got the said property on the basis of a compromise decree passed in the said suit on 23-1-1968 and thereafter sold the present suit premise to the plaintiff-petitioner by a Saf-kabala deed dated 21-1-1974 and handed over peaceful vacant possession of the said properties to her and s..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....he plaintiff’s possession in the suit lands became adverse to the real owners and/or the persons claiming under them for more than twelve years when he failed to acquire title by virtue of a kabala intended to be executed and registered by the real owners, Guru Doyal or his heirs, defendan...... 7.80 acres of land was fixed at Taka 8,000 and thereafter, he executed an agreement on 30-11-1963 on receipt of Taka 6,000. It was decided between the parties that Guru Doyal would execute a sale deed after receipt of the balance consideration of Taka 2,000 on obtaining necessary permissio..Category: Property Law | Date: | Hits: 22
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
.... the defendant respondents claiming a saham of 1/5 share in schedule 'Ka' land and for declaration that three registered documents, one being a bainapatra fully described in schedule 'Kha' and two kabala deeds as fully described in schedule 'Ga' to the plaint, are all illegal, collusive and not ......fendant respondents claiming a saham of 1/5 share in schedule 'Ka' land and for declaration that three registered documents, one being a bainapatra fully described in schedule 'Kha' and two kabala deeds as fully described in schedule 'Ga' to the plaint, are all illegal, collusive and not binding..Category: Property Law | Date: | Hits: 22
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....antosh Kumar, Nripendra Kumar and Birendra Kumar. The plaintiffs claimed that one Banamali Biswas had purchased and got into possession of the suit land from the "said heirs by registered kabala dated 13 June1939 (Ext.1 b). Banamali Biswas sold the land to Jagabandhu Saha by a register......1939 (Ext.1 b). Banamali Biswas sold the land to Jagabandhu Saha by a registered kabala dated 23 April 1947 (Ext. 1a). Jagabandhu exchanged the land with that of the plaintiffs by a registered deed dated 2 July 1955 (Ext. 1), which was termed as a kabala. The plaintiffs had been in possessio..Category: Property Law | Date: | Hits: 36
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....or passing a part decree. 7. In reply Mr. S.R. Pal, learned Counsel has attempted to argue that in view of section 47 of the Registration Act the agreement for reconveyance was subsequent to the kabala under pre-emption and so the learned Judges of the High Court Division rightly decreed the su......d unmarried to be succeeded by his two surviving brothers- the plaintiff and defendant No. 3. Krishan died leaving behind one son defendant No. 2 Kanu and his widow. Defendant No. 5 Kanu executed a deed of sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defenda..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......r was the legal owner of the suit property since 1970. Previously it belonged to her father late Mohammad Ali Meghani who purchased the plot of land from the Government of East Pakistan by a lease deed executed on the 23th May, 1960 and registered on the 4th June, 1960. The father of the writ pe..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....n 96 of the East Bengal State Acquisition and Tenancy Act. 2. The pre-emptor filed the case on 4.8.77 on the averments that vendor-respondent No.1 sold the land to respondent No. 2 by a kabala which was executed on 16.5.77 and registered on 14.11.77. The pre-emptor was a co-sharer an......operty which was transferred by the kabala executed on 16.5.77 and registered on 14.11.77 has already been transferred to him by the respondent No. 5 on 18.2.78 on the basis of registered deed of agreement for reconveyance executed 16.5.77 and as such the appellants cannot claimed pre-e..Category: Property Law | Date: | Hits: 34
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....e deed of 1935) and that as a prudent man Sheikh Bagu must have noticed in the sale deed which lands were sold to Abdul Barek and others. It was further found that the plaintiffs had produced their kabala 'and S.A. khatian and rent-receipts in the lower appellate court to show their continuous pos...... died leaving surviving one son Reazuddin as his sole heir Reazuddin exchanged the said .01 acre of land verbally with Shamsuddin. The remaining .10 acre was sold by Bisahatullah by a registered sale deed dated 13 January 1922 to Abdul Barek, Abdul Mannaf and Abdul Jabbar with full knowledge and con..Category: Procedural Law | Date: | Hits: 36
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......quer of the Government upto 31.8.81, was the owner in possession of a house situated at Plot No. 43, Road No.2, Block-B, Section-1, Mirpur Housing Estate, Mirpur, Dhaka, which he got under a lease deed dated 1.12.1961 for a period of 99 years on payment of full cost of Tk. 2700/- to the Governme..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....ng 17½ decimals of land with semi pucca tin shed house standing thereon, which belonged to the defendant No.1, the petitioner herein. The defendant No.1 purchased the suit land by registered kabala dated 18.02.1992 and after making a semi pucca house was living there and while thus owning......ment for sale delivered the possession of the suit property to the plaintiff and it was agreed upon that on payment of the balance amount the defendant would execute and register the required sale deed but the defendant was arrested and in such situation, the wife of the defendant requested the ..Category: Property Law | Date: | Hits: 34
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......rt fact leading to this appeal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of the suit property by lease deed dated 1.3.1952 for a period of 25 years and took possession of the same. While in possession ..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....he Government-respondent by filing O.C. Suit No. 102 of 1973. After obtaining the ex parte decree the plaintiff of O.C. Suit No. 35 of 1969 started other Execution Case No.22 of 1969 and obtained a kabala executed Through Court on 31.7.72 and also got his name mutated in the record of right and ......against defendant No. 1, Md. Shamsul Huda and defendant No. 2 Benode Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performance of contract and the deed of transfer obtained on the basis of the said decree are illegal null and void on the ave..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......ent of their respective house as abandoned property. 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......id not pay any rent from 1388 B.S. and before that also rent was not paid regularly and this evidence could not be dislodged or disproved by the defendant. It is clear that even if according to the deed of agreement creating tenancy Tk. 25/- only would be adjusted towards the monthly rent for ever..Category: Tenancy Law | Date: | Hits: 175
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ggrieved by the aforesaid judgment and order dated 29.7.93 the present appellant as petitioner filed Civil Petition No. 517 of 1993 and obtained leave to consider whether the alleged Heba deed in favour of plaintiff respondent No. 1 was acted upon and the same was created to defeat the..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....ents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney failed to execut......on of Syed Siddique Hossain. The pre-emptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Su..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... 18.5.1953 (Ext. 1) in favour of Danesh Mondal and no material was placed on record from the side of the defendants to rebut the genuineness of the registered Power of Attorney, that Ext. 1 Ext. 2 (kabala dated 28. 12.1953 by Bishnupada transferring the land in suit and other lands to his wife P......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....g the respondent Nos. 1 to 3 and others as plaintiffs instituted Title Suit No. 152 of 1997 in the Court of Assistant Judge, Rajbari, seeking declaration that the sale dated 27 April, 1983 by kabala bearing No. 3492 was a usufurctuary mortgage. The appellants filed an application under Orde......bari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of Tk. 30,000/- to the appellants and made..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....uza Takshar (vide Exts.5 to 5 (b) ) on whose death his son, Chitta Ranjan Shaha, inherited his share, and that it is this Chitta Ranjan from whom the appellants purchased his share by a registered kabala and that it is this share which has been included in the suit land which was sought to......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
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