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Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....t the said Division discarded the aforesaid finding of the Court of Settlement placing reliance upon the affidavit affirmed by Sahera Khatun and the recitals therein as well as the recitals in the kabala executed by the donee Anwari Khatun (daughter of Sahera Khatun) and finally arrived at concl......ah Munsiff, Abdul Hashim and Md. Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22.10.1979 transferred the property by a registered deed to the Respondent No.1,that the Respondent No.1 obtained permission from the DIT (now RAJUK) f..Category: Property Law | Date: | Hits: 29
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
.... the suit by filing a separate written statement denying the material allegations made in the plaint. Their case, in short, is that Someruddin and Keamuddin sold 13.14 acres of land by a registered kabala dated 28th Chaitra 1330 B.S. to Fatik Mollah and others but on that date the said sellers di....... All the heirs of Keamuddin except Md. Bayati and Someruddin jointly sold 13.14 acres of land to Fatik Mollah, Hachon Mollah, Yeasin Molla, Joynal Mollah and Safruddin Mollah by a registered sale deed dated 28th Chaitra, 1330 B.S, at a consideration of Tk. 1200/-. On the same date the said purc..Category: Property Law | Date: | Hits: 28
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....bala dated 01.08.1985 purchased 4 annas share of Jottashari Rishi and thus Jadunath Rishi became the owner of 8 annas share of the said land. Jadunath transferred the suit land to the plaintiff by kabala dated 29.06.1972 and 09.10.1972. After purchase the plaintiffs got their names mutated in th......cord of Revenue Department. The last R.S. record was prepared in their names. In the meantime, one Hanif Mia allegedly, a Juba League Leader created collusive kabalas and by dint of those collusive deeds, he dispossessed the plaintiffs on 02.11.1974. Thereafter, Hanif transferred the suit land t..Category: Property Law | Date: | Hits: 21
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......, Aftara Begum and one Sadeque Hussain at a total price of Taka 23,33,600. The money was deposited on 18-9-1989, possession of the land was delivered on 19-9-1989 in favour of the lessees and lease deed was registered on 21-10-1989. On the very next day i.e. 22-10-1989 the lessee sought permission..Category: Anti-Corruption Laws | Date: | Hits: 294
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......Joint District Judge), Dhaka for declaration that the oral amicable partition of the properties left by late Mubarak Ali effected by his heirs in the year 1940 which was subsequently embodied in a deed of partition in the year 1970 by all the heirs and successors was valid, legal, effective and ..Category: Property Law | Date: | Hits: 21
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....llant's case, in brief, is that the case land originally belonged to A. M. Nasiruddin, son of A. M.A. Wadud, who sold out the same to one S.M. Sami Alam son of Late Moulovi S.M. Hossain by registered kabala dated 28-12-1965 and handed over the possession of the said property to him. S.M. Sami Alam c......wal of the suit. Thereafter, the appellant came to know on 01-12-1996 that the property has been sold by the Additional Deputy Commissioner (Revenue), Bogra to respondent No.3 by the, registered sale deed and after obtaining certificate copy moved the High Court Division by filing aforesaid writ pet..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....redecessor got 0.505 acre of land; that Sadek Hawlader got 0.203 acre of land and Keramat Ali got 0.1 acre of land; that Sadek sold his share measuring 0.203 acre of land to Keramat Ali by the kabala dated 23.11.1960 and thus Keramat Ali acquired 0.303 acre of land; that in respect of the sa...... of Tk. 1200/- and the same was decreed, that the defendant went on appeal and the same was allowed, that Mojibul Haque gifted the property in suit to the plaintiffs by a registered heba deed dated 24.07.1979, that defendants obtained order for opening separate khatian in their names f..Category: Property Law | Date: | Hits: 23
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......ohar-sahara residential project on 10.12.1991. Thereafter, at his request he was allotted an alternative Plot No. 281/C at Mohakhali D.O.H.S on 23.05.1993. Vacant possession was delivered and lease deed was executed on 10.06.1993. He applied for approval of the plan and after obtaining necessary a..Category: Property Law | Date: | Hits: 74
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....ssessing the land on payment of rent etc. to the said landlord. The record of right was prepared in their names. They sold the land to Ayub Hossain, Rahim Box and Shariful Islam by registered kabala. 4. The trial Court decreed the suit. On appeal being Title Appeal No.3 of 1999 the a......y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ..Category: Property Law | Date: | Hits: 22
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....n Case No.198 of 2005 now pending before the Artha Rin Adalat, Narayangonj (respondent No.1) originally belonged to their predecessor-in-interest late Haji Faziluddin who acquired ownership by suf kabala deed Nos. 5471 and 5633 in the year 1955. After the death of the said Haji Faziluddin i......No.198 of 2005 now pending before the Artha Rin Adalat, Narayangonj (respondent No.1) originally belonged to their predecessor-in-interest late Haji Faziluddin who acquired ownership by suf kabala deed Nos. 5471 and 5633 in the year 1955. After the death of the said Haji Faziluddin in 1981 ..Category: Property Law | Date: | Hits: 19
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....b transferred his 8 annas share to the plaintiff in lieu of appropriate consideration money on 15.12.1960 and as there existed friendly relationship between the plaintiff and Haji Abdur Raquib, no kabala was executed or registered but subsequently in order to avoid any future complication, Haji ......friendly relationship between the plaintiff and Haji Abdur Raquib, no kabala was executed or registered but subsequently in order to avoid any future complication, Haji Abdur Raquib by a registered deed dated 09.06.1989 admitted the sale of the said property in the year 1960 to the plaintiff and..Category: Property Law | Date: | Hits: 29
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ...... land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted to Abu Mohammad Ejahar Hossain on 26.10.1961 and possession was handed over on 03.11.1967. He possessed and a lease deed was also executed in his favour. He died leaving only son the writ petitioner. After the death..Category: Property Law | Date: | Hits: 21
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ...... does not arise, that the respondent also filed an additional written statement and stated that, the present appellant though claiming that she became owner by way of gift from his father but deed of gift does not attract the suit shop and as such the S.C.C. Suit is liable to be dismissed. ..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... 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: V ADC (2008) 952. ......e Rule. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 180 of 1996 in the court of the learned Senior Assistant Judge, Sadar, Mymensingh for correction of two registered deed dated 5.6.1986 or in the alternative for declaration of title in the suit land alleging,..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....of the defendant-opposite-party Nos. 1 and 2, in short, is that the suit land originally belonged to Nitai, Gopal, Nirmal, Ajit, Krishnapada and Subhadra, who sold the suit properties by registered kabala dated 18-12-1996 in favour of their maternal aunt of the defendants and she after purchase ...... of Sita Nath. Thereafter, Sita Nath died leaving adopted son Nitai Chandra Mondal and his wife Profulla Bala. After the death of Sita Nath under advice of local Matbars, Profulla Bala registered a deed of gift in favour of plaintiffs on 09-12-1982. Thereafter, Profulla Bala died leaving Nitai C..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....arendra Nath sold out her entire share to the defendant No.7 and delivered possession. The defendant No. 8, Manindra has sold out 4½ decimals of land to the plaintiff by a registered deed of kabala dated 25.2.1975 and delivered possession. The plaintiff has been possessing the land si......dow of Harendra Nath sold out her entire share to the defendant No.7 and delivered possession. The defendant No. 8, Manindra has sold out 4½ decimals of land to the plaintiff by a registered deed of kabala dated 25.2.1975 and delivered possession. The plaintiff has been possessing the..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......e respondent No.1, and because of bondage of love and affection for the respondent No.1, the appellant purchased the disputed property in Gulshan in benami of his wife, the respondent No.1 by deed of sale dated 16-1-1970.The appellant, thereafter, started construction of a two-storied build..Category: Procedural Law | Date: | Hits: 173
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
....and the name of the purchaser was accordingly recorded in S.A. Khatian and R.S. Khatian. Chini Mia transferred .473 acres (mentioned in 'Ka' schedule) to the plaintiffs by a registered kabala dated 26.06.1979 who possessed the property through cultivation of vegetable in some portion......This Court after hearing the petitioner dismissed the petition. Hence is this petition. 8. In support of the petition Mr. Abdus Salam Khan, learned Counsel submits that the defendant's title deed was marked as exhibit "kha"; S.A. khatian and rent receipt as "C" series s..Category: Property Law | Date: | Hits: 26
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....a' schedule, that the land of 'Ga' schedule belonged to Wazed and he settled the said land to Mazid by the patta dated February 18, 1922, that on the death of Mazid his heirs Zobeda and others by a kabala dated July 20, 1946 sold the patta land to Gani and others, that on July 25, 1946 the land ......Ga' schedule land was exchanged with Moksed but the record of right of the land got by exchange by plaintiffs was wrongly prepared in the name of Moksed, that the heirs of Moksed registered a deed of disclaimer on February 6, 1976 in favour of the plaintiffs and defendant No. 1 as regard th..Category: Property Law | Date: | Hits: 32
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....endra Lai Chowdhury by registered deed dated 22-9-1922 relinquished his claim in favour of Abala Sundari and Abala Sundari got delivery of possession on 31-5-1923. Prafulla Bala by registered kabala dated 22-9-1930 sold her share of land to Abala Sundari and delivered possession to her. RS ......1922 and auction-purchased by one Abala Sundari in the benami of Upendra Lal Chowdhury and Prafulla Bala Debt and got delivery of possession through Court. Upendra Lai Chowdhury by registered deed dated 22-9-1922 relinquished his claim in favour of Abala Sundari and Abala Sundari got d..Category: Property Law | Date: | Hits: 20
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