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Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....6.05.1980 declaring that the suit land is not vested and non-resident property and it was their purchased land from Rathindra Nath Basak who was the adopted son of Debendra Nath Basak by registered kabala dated 21.07.1977. The Deputy Commissioner, Dhaka was impleaded as a party in the said suit l......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ...... parties and not maintainable in its present form. Their case is that Iman Uddin Tapadar having owned and possessed the entire "Ka" schedule land covering 0.54 acres, executed a deed of waqf in respect of the same on 11.10.1923 in favour of Masjid, Madrasha and School etc. st..Category: Property Law | Date: | Hits: 22
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
....essary deed was registered as being No. 9945 of 1968 for an area of 1230 kathas and the plaintiff and one Begum Mahmooda Akhter purchased the same from said Major Habibur Rahman Miah by registered kabala being No. 6016 of the year 1981 and the plaintiff got possession over 6 katha of land in the......g the defendant therefrom alleging, inter alia, that one Major (retired) Habibur Rahman Miah got the suit property from Dhaka Cantonment of the then East Pakistan Circle for 99 years and necessary deed was registered as being No. 9945 of 1968 for an area of 1230 kathas and the plaintiff and one..Category: Property Law | Date: | Hits: 20
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......hellip;……………………” and the High Court Division approached the whole case on a wrong way by placing much reliance upon Ext. Ka, the deed of gift alleged to have been executed by Ajit Kumar Roy, without at all considering that the s..Category: Property Law | Date: | Hits: 29
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ...... to one Moniruddin who got his name mutated and paid rent to the Government. Moniruddin died leaving behind three sons and two daughters who transferred the suit land by way of registered exchange deed dated 25.12.1995 and handed over possession to plaintiffs who got their names mutated in the r..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7....... and run for charitable purposes including making provision for education and financial assistance to the poor. The writ-petitioner purchased the case land including buildings thereon by a registered deed dated 05.12.1962 from Kazi Paziruddin Ahmed and others who became owners of the case property t..Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....m the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, ......ohammadpur Jame Mosque burial graveyard and agreeing complete the sale, received Tk. 10,000/- on 9.5.1975 and Tk. 6,000/- on 19.2.19. Ultimately respondent. No. 3 having refused to execute the sale deed, the writ petitioner filed Title Suit No. 984 of 1980 for specific performance of contract and..Category: Civil Law | Date: | Hits: 119
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....mptor filed Miscellaneous Case No. 87 of 1988 under section 96 of the State Acquisition and Tenancy Act in the Court of Assistant Judge, Lakshmipur for pre-emption of the case land transferred by a kabala deed dated 02.07.1988 in favour of the pre-emptee No. 1 who is a stranger purchaser and the......iled Miscellaneous Case No. 87 of 1988 under section 96 of the State Acquisition and Tenancy Act in the Court of Assistant Judge, Lakshmipur for pre-emption of the case land transferred by a kabala deed dated 02.07.1988 in favour of the pre-emptee No. 1 who is a stranger purchaser and the pre-em..Category: Property Law | Date: | Hits: 26
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....o died leaving behind 2 sons, the pre-emptee No. 3 and 4 and 5 daughters, the pre-emptee Nos. 2,5-8 and a widow, the pre-emptee No.9. Admittedly, the pre-emptors by different registered kabala deeds have purchased 0.56 decimals of land out of the suit holding from pre-emptee Nos. 2-9 ......nbsp; leaving behind 2 sons, the pre-emptee No. 3 and 4 and 5 daughters, the pre-emptee Nos. 2,5-8 and a widow, the pre-emptee No.9. Admittedly, the pre-emptors by different registered kabala deeds have purchased 0.56 decimals of land out of the suit holding from pre-emptee Nos. 2-9 and ha..Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....d other properties. Subsequently, Kota Ullah became tenant under the Government by operation of law and he sold 0.06 acre out of the Suit Plot No.1006 to one Abdul Mannan Chowdhury by a registered kabala dated 12.03.1967. Kota Ullah then sold 0.02 acre to the plaintiff by an unregistered kabala ......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..Category: Property Law | Date: | Hits: 30
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......ate at Mirpur, Dhaka and made many industrial plots therein and therefrom gave allotment of the suit plot measuring 412.33 square yards to him on 14.5.1980 at a premium of Tk.69,581/-; then a lease deed was executed and registered on 4.4.1984 leasing out the above plot to him for 99 years and th..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ...... C.S. Khatian No.1287 originally belonged to Kalu Sheikh and Owed Ali in equal share. Kalu Sheikh transferred his 0.04 acres of land to Nawab Ali Munshi, the father of the plaintiff and Sirajuddin by deed of Heba-bil-Ewaj dated 18.03.1942. Nawab Ali died leaving behind the plaintiff as the only son,..Category: Property Law | Date: | Hits: 42
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
.... belonged to the C.S. recorded tenant, Ramani Kanta Sarkar, who planted the mango trees on the suit land. After his death, his three sons transferred 2.85acres of land to the plaintiffs by the kabala dated 24-05-1985. On 28-05-1958 C.S. recorded tenants successive heirs sold .95 decimals of......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....house on the southern side of the suit property, the defendant Nos. 1-3 and 5 being in need of money transferred 2 pons 7 gandas of land out of their share in favour of the plaintiff by registered kabala dated 3-11-1984 and delivered possession thereof and since then the plaintiff has been posse......f 1983 in the First Court of Munsif, Sylhet Sadar, stating some false baseless and concocted stories and began to continue his Rice Mill business and the plaintiff also created fake and fictitious deed on 3-11-1984. That the defendant No. 16 is in possession of .13 decimals of land of Plot ..Category: Property Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......he petitioners. 2. Short fact is that the mother of the petitioners, Monowara Islam, purchased the land of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6.4.1990 and was possessing the same by mutating her name in the S.A. Khatian an..Category: Criminal Law | Date: | Hits: 32
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....Abdul Rahim Hajra and that by amicable partition Abdul Karim Hajra got 1.63 acres of land mentioned in the schedule Kha of the plaint and that being indebted to Jogeshwar Prodhan he created a kabala in the name of Abdul Khaleque (defendant No.1), Abdul Haque, predecessor of the defenda......making the rule absolute. 2. One Salamat Hajra, predecessor of the respondent Nos.1 to 13 instituted Title Suit No.107 of 1988 renumbered as Title Suit No.32 of 1991 for declaration that the deed of sale dated 14.07.1937 by Abdul Karim Hajra predecessor-in-interest of the plaintiffs and p..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d from plot No.350 to one Nur Mohammad Khan on 04.07.1968 and put him in possession and Basiruddin sold 0.40 acres of land of plot No.379 to the said Nur Mohammad Khan on 09.07.1968 by a registered kabala and delivered possession to Nur Mohammad Khan. The suit plot No.334 as described in Sch......mad Khan on 04.07.1968 is not correct and in fact it was an agreement for sale. Bachcha Mia transferred an area of 0.48 acres of land of Plot No.350 at a consideration of TK.400.00 by a registered deed of agreement dated 04.07.1968 with a condition to recovery within 7 years and if the enti..Category: Property Law | Date: | Hits: 19
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....tion of title in respect of the land in suit. 2. The suit was filed stating, inter alia, that the plaintiff has purchased the land in suit from Reazuddin Mia, Harmuj Mia and Taju Mia by the kabala dated July 25, 1978 and got possession of the land in suit, that the R.S. khatian was wrongl......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ..Category: Property Law | Date: | Hits: 22
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....he lands comprising 57 chhataks in P.S. Plot No.1247 both totalling 72 chhataks corresponding to part of R.S. Plot No.2 were purchased by the plaintiff-petitioners from the defendant No.1 by a kabala No.1199 dated 13.03.1961. The plaintiff-petitioners by the above sub-kabala also acquired th......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... evicting the defendant No.1 from the said suit land under Section 9 of the Specific Relief Act claiming that the defendant No. 2 being the original owner by inheritance on 15.02.1988 by registered kabala sold the suit land to the plaintiff and delivered possession and the plaintiff used to grow......he original owner by inheritance on 15.02.1988 by registered kabala sold the suit land to the plaintiff and delivered possession and the plaintiff used to grow drops thereon, but in the purchased deed the description of the land was incorrect which belonged to other person; that the plaintiff wa..Category: Property Law | Date: | Hits: 42
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