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Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
....f the petitioner. The petitioner is a co-sharer in the suit jote by purchase. He came to know of the transfer 6-1 years before from one Abdur Rahman. After that he token certified copy of the kabalas and acquired his knowledge of the transfer. Thereafter, he filed the miscellaneous case und...... 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecessor of respondent Nos.2-10. Ashek Ali sold the same to respondent No.1 by two registered deeds dated 05.05.1990 and 12.05.1990 beyond the knowledge of the petitioner. The petitioner i..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....delivered possession. It was the stipulation in the agreement for sale that within one year from the date of agreement plaintiff on payment of rest of the consideration money would obtain the kabala from the defendant No.1 that subsequent to the contract defendant No.1 received the further ......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......d Artha Rin Adalat, Chittagong in Other Suit No.13 of 1993 decreeing the same. The suit was filed seeking saham of 6.93 acres of land on partition of the land in suit and for a declaration that the deed of gift dated August 25, 1984 in favour of the defendant No.1 was forged and fraudulent and no..Category: Property Law | Date: | Hits: 37
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ...... from the plaintiff but plaintiff having not sold land to the defendant No.1, he hatched up a plan to grab the property and that in connivance with certain Serajuddin brought into existence a deed in 1979 in respect of .32 acres of land, that Serajuddin had no right, title and interest in t..Category: Property Law | Date: | Hits: 33
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......uit was restored to its original file and number. 2. The appellant instituted the above suit for specific performance of contract and on obtaining ex parte decree dated 10-3-1986 got a sale deed executed and registered in his favour through Court in Other Class Execution Case No. 6 of 198..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....45,000 out of the total consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day also appointed an attorney to complete the registration of the kabala in respect of the land as regard which plaintiff's vendor Anowara Begum entered into an agre......ber 16, 1988, (Exhibit 4) are genuine, that Exhibit 5 series (gas bills and electric bills) proved possession of the plaintiff, that signatures of Syed Rafiuddin Ahmed in Exhibit 1 (Anowara's deed) and in Exhibit C agreement dated 9-11-1979 are different, that by the kabala obtained by the ..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......ed her property to her daughter Mustari Bibi under a heba-bil-ewaj and Mustari Bibi in her turn sold out the property to Most. Shahani Bibi, the mother of the plaintiff-respondents under a registered deed of sale and that Abdul Hamid transferred his property to Shahani Bibi under a deed of exchange...Category: Property Law | Date: | Hits: 28
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....s possessed by defendant No.9, that defendant Nos. 2-7's predecessor Eklas Mia got 8 decimals of land in his share from the land of plot No.4346 and the heirs of Eklas Mia sold the said land by the kabalas dated August 31, 1989 and September 2, 1989 to defendant Nos.13 and 14, that the land has b......intiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan, Rahmat Khan, Hanif Khan and Anis Khan, that Hanif Khan and Anis Khan mortgaged the land in suit by a registered deed of mortgage dated December 26, 1927 for an amount of Taka 48 and that it was stipulated in the..Category: Property Law | Date: | Hits: 48
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
....n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ......mestead on the suit land for generation and there being no conclusive finding to The effect that the defendant school is possession of the suit land to the exclusion of the plaintiffs and that the deed of gift of the year 1994 in favour of the school was not acted upon and further the Headmaster..Category: Property Law | Date: | Hits: 27
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
....ated 17.11.1975. Thereafter, the defendant Nos.2-4 and 11 got their names mutated in Mutation Case No.06 of 1977-1978 and paid rent. The defendants Nos. 2-4 and 11 sold 17.92 acres of land by four kabala deeds dated 30.08.1990 and 08.09.1990 in favour of the defendant No. 12 who got his name mut......hind Noresh Chandra Basu and others as her heirs who settled the suit land in favour of the defendant Nos.1, 2 and 3 Hamida Khatun and Monowara Khatun in the first part of 1353 B.S. The deed of settlement was granted in the name of the defendant No.1. The rent receiving interest of N..Category: Property Law | Date: | Hits: 23
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
....uit i.e. allowed the prayer for pre-emption sought under the Muslim law. The appellate Court upon allowing the appeal sent back the suit to the trial Court for enabling the plaintiff to deposit the kabala money and further to enable the parties to lead evidence and thereupon for disposal of the s...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ..Category: Property Law | Date: | Hits: 25
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....nbsp; 4. Decree for partition in Title Suit No. 102 of 1990 was prayed for on the basis of the kabala No. 5649 dated 19.6.1969. In the said suit plaintiff of Title Suit No.82 of 1991 was one of ......sp; 3. Title Suit No.102 of 1990 was filed seeking partition and Title Suit No. 82 of 1991 was filed seeking declaration that the deed No. 5649 dated 19.6.1969 is void, fraudulent and fabricated. &nbs..Category: Property Law | Date: | Hits: 21
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
....also sold the disputed land measuring 6 ½ decimals to the pre-emptee opposite party No.1 who is a stranger to the case land; the petitioner on 6.4.1995 came to know about the disputed kabala and than he procured certified copy of the same and filed the case on 08.04.1995. 3. ......- and on 3.4.95 opposite party Nos. 2-15 will execute kabala in favour of the opposite party No.1 and then on 4.4.95, the next day, the opposite party No.1 will execute the sale deed in favour of Rabiul, Asgar and Rejaul Kabir and then the land was accordingly sold; then..Category: Property Law | Date: | Hits: 30
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ....... The pre-emptor went on appeal and the appellate Court set aside the judgment and order of the trial court on the finding that the document by which the transaction has been made is not in fact a deed of exchange but a sale deed, that the Miscellaneous Case is not barred by limitation, tha..Category: Property Law | Date: | Hits: 20
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....such pre-emp-tor as contiguous land holder was not entitled to claim pre-emption he also being a co-sharer in the holding. The other point raised in support of the review application was that kabala of March 13, 1976 was challenged in Other Class Suit No. 470 of 1996 and in the said suit a ......ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ..Category: Property Law | Date: | Hits: 23
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......te Judge, 4th Court, Dhaka decreeing the suit. 2. The respondents as plaintiffs instituted the Title Suit No.9 of 1991 in the Court of Subordinate Judge, 4m Court, Dhaka, for cancellation of deed and recovery of khas possession. 3. The case in short is that in last settlement s..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......hereupon got his name mutated in the revenue record and paid rent, that the defendant failed to establish his contention that the decree in Title Suit No. 198 of 1970 was obtained against the deed persons. The trial Court also found possession of the plaintiff in the land in suit and thereu..Category: Property Law | Date: | Hits: 34
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......e construction work for the said Masjid, Madrasa and Etimkhana was nearly complete the defendant-respondent and defendant No.2 claimed that they were the owners of the suit property by virtue of a deed of exchange and started disturbing the construction work and also threatened with dispossessio..Category: Property Law | Date: | Hits: 43
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ......n over 6.08 acres of land. S.A. Khatian No. 270 was accordingly prepared in the name of Jabed Ali Sarker and others. 3. Jabed Ali Sarker transferred by a registered Heba-bil Ewaz deed dated 2.10.1968 to his two sons, pre-emptor respondent Md. Nurul Islam and Md. Abdul Majid la..Category: Property Law | Date: | Hits: 20
Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....Acquisition and Tenancy Act for pre-emption of the case land as described in the schedule of the Miscellaneous Petition stating, inter alia, that he is a co-sharer of the case land by purchase vide kabala dated 29.05.1973 and the pre-emptee is a stranger purchaser. The seller sold the case land b......t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ..Category: Property Law | Date: | Hits: 25
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