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Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)

....d. Rezaul Karim. The defendant No. 1 filled up the suit land and constructed dwelling huts thereon and possessed the same. Thereafter, the defendant No. 3 transferred a portion of the suit land by kabala deed to one Delwar Hossain on condition that the land will be re-conveyed if the considera&s......ul Karim. The defendant No. 1 filled up the suit land and constructed dwelling huts thereon and possessed the same. Thereafter, the defendant No. 3 transferred a portion of the suit land by kabala deed to one Delwar Hossain on condition that the land will be re-conveyed if the considera­tion..

Category: Property Law | Date: | Hits: 32

Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)

.... or infirmity 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: V ADC (2008) 239. ......share each; Jabdul Molla died leaving behind only daughter Moymannessa and S. A. record and R.S. record were prepared in her name and she sold the suit land in favour of Abirjan by registered sale deed dated 31.7.74; Abirjan then sold the suit land to Alekjan, the mother of the plaintiff, on 13...

Category: Property Law | Date: | Hits: 44

Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)

....n area of 26 decimals of mouza Ahammadabad belonged to Keshob Chandra who sold .7½  decimals in favour of Bachiruddin and others. Keshob Chandra also sold .7½ decimals of land by kabala dated 13.03.1978 and by anoth­er kabala deed dated 30.03.1979 in favour of Tahasuddin. A......Revision No. 1386 of 2002 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 44 of 1994 in the Court of Senior Assistant Judge, Jhenidah for a declaration that the registered deed dated 24.03.1988 being No.2969 of 1988 is forged, collusive, inoperative and not binding upon ..

Category: Property Law | Date: | Hits: 26

Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)

....ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......f the waqf estate Wali Mia Sodagar Jame Masjid and Madrasha with the Administrator of Waqf (B.C. No. 19284), a fact subsequent to the filing of the suit and inclusion of few words which are in the deeds but not mentioned in the plaint and this amendment will neither change the nature and charact..

Category: Property Law | Date: | Hits: 35

Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)

....ation of Tk. 15,000.00 and executed a Bainapatra on 14.04.1969 in favour of the plaintiff on receipt of Tk.13,000.00 and delivered possession thereof and they agreed to execute the requisite  kabala within three months on receipt of balance  consideration,  but on being refused th......but they have not challenged the decree in Title Suit No. 202 of 1969 and the proceeding in Execution No.5 of 1970. On the contrary the defendant No. 1 has failed to prove the alleged patta, kabala deed dated 03.06.1972 and unregistered bainanama dated 10.04.1969 being the basis of his alleged p..

Category: Property Law | Date: | Hits: 29

Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)

....nt to make over pos­session the plaintiff would be entitled to get the possession through Court. 3.  The suit was filed seeking redumption of the cot mortgage which was made by the kabala dated July 11, 1935. It may be mentioned that there was stipulation in the kabala in case of...... 5. The defendant as against the judgment and decree of the trial Court went on appeal. The appellate Court allowed the appeal on the finding that as the rent was not paid by the vendor of the deed dated July 11, 1935 and consequent thereupon land having been put to auction by the landlord f..

Category: Property Law | Date: | Hits: 37

Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)

.... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ......eda Ashfaq took lease of the land measuring 19 katha and 7 satak at Plot No.5, Block-NW(D), Road 58, Gulshan Model Town, Dhaka for a period of 99 years with effect from 05.12.1963 and a registered deed of lease dated 25.02.1964 was executed to the effect with Dhaka Improvement Trust (DIT) now Ra..

Category: Property Law | Date: | Hits: 27

Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)

....ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ......re and Jaga Bandhu Baishnab and Balaram Baishnab each 2 annas 13 gandas one kara one kranti share, that before C.S. operation Brindaban Baishnab sold .90 acre of land to Tarani by a regis­tered deed and at the time of preparation of C.S. record same was recorded in the name of Tarini, that th..

Category: Property Law | Date: | Hits: 27

Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)

....olice Station and District Manikganj, stating  in nutshell that the land under partition belonged to Amit Kumar Roy, who being in right, title and possession transferred 10 decimals of land by kabala No.966 dated 12-02-1996 in favour of the plaintiff and also transferred 15 decimals of land ......ate for the petitioner, sub­mits that the High Court Division failed to appreciate that the petitioner-respondent Nos. 1 and 2 purchased the suit property in question by two separate registered deeds. He further submits that the High Court Division failed to show that the defendant-petitioner..

Category: Property Law | Date: | Hits: 22

Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)

....rred the schedule land to her co-sharer defendant No.9 and he is possessing the same, that defendant No. 9 transferred 26 decimals of land from the land of schedule No.1 to defendant No. 69 by the kabala dated March 4, 1984 and also transferred 12 decimals of land from the land of schedule No.1 ......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 967. ..

Category: Property Law | Date: | Hits: 23

Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ...... namely, Mohadeb, Anil, Azit and Raj Krishna; Jagabandhu, another co-shar­er landlord, also transferred his 1/3 share to Rani Bibi by an exchange; Anil, Azit and Raj Krishna by three registered deeds dated 24.06.69 23V.02.70 and 07.08.72 transferred their lands in favour of Azazuddin, Nurul ..

Category: Property Law | Date: | Hits: 30

Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)

....he land in suit by dispossessing the defendants and also for restraining the plaintiffs from transferring the land in suit elsewhere. 3. The suit was filed seeking declara­tion that the kabala bearing No. 5994 of the year 1969 executed by Md. Aslam in favour of the defendants is illeg......efendant Nos. 1-6 resisted the prayer for temporary injunction by filing written objection stating, inter alia, that Sayeda Banu transferred the land in suit to one Haji Md. Aslam by the registered deed dated January 30, 1961, that Haji Md. Aslam purchased the other property from Sayeda Banu by t..

Category: Property Law | Date: | Hits: 29

Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)

.... Senior Assistant Judge, Balaganj, Sylhet in Title Suit No. 33 of 1993 decreeing the suit. 2. The suit was for declaration of title by adverse possession and for further declaration that the kabala bearing No. 10146 dated March 17, 1983, the kabala bearing No.19698 dated March 28, 1983 an...... returned within two years, Nagesh Chandra Ghosh would reconvey the land of the aforementioned kabalas, that Manada Chandra Ghosh paid back the loan amount to Nagesh Chandra Ghosh and he executed a deed of re-conveyance on July 14, 1964 but the deed of re-con­veyance could not be registered b..

Category: Property Law | Date: | Hits: 25

Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)

.... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 956. ......me was Sukhi Bibi who had a son by name Hanif by her 1st husband. Hanif was reared by Golam Ali, that Golam Ali gifted 38 bighas of land to Hanif and to 2nd wife, Sukhi Bibi by an unregisterd haba deed, that Golam Ali put the donees into pos­session who possessed the gifted land asserting th..

Category: Property Law | Date: | Hits: 19

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....08-1960, who was in possession therein by constructing home­stead. Alizan on obtaining permission in writing from the Government trans­ferred the suit land to the appellant by a registered kabala dated 17-03-1985. Subsequently, the appellant mutated his name in the records of right and h......perty orginally belonged to Kalidas Mukherjee and C.S. khatian No. 82 stood in his name. Kalidas Mukherjee transferred the land to Mirza Fazlul Karim by a patta dated 22-06-1931. Fazlul Karim by a deed of trust dated 30-05-1932 created a trust in respect of .03 l/2 acre of the land of Plot No. 1..

Category: Property Law | Date: | Hits: 24

Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)

.... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ......ed 17½ decimals each thereby Bibi Sekantar inherited 2.26½ acres of land from her father and 17½ decimals from her mother and while she was in possession of the property, by a deed of gift of 14.03.1973 she trans­ferred 1.78 acres of land to the plaintiff petitioner and ..

Category: Property Law | Date: | Hits: 24

Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)

.... the land of plot Nos.9 and 10 and kept the land of the said plots illegally in their possession and growing paddy, that plaintiffs purchased the land of the said plots along with other land by the kabala dated 21st Bhadra, 1370 B.S. and they are being prevented by the defendants from entering i......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 930. ..

Category: Property Law | Date: | Hits: 26

Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)

....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ge, Khulna in Title Suit No. 26 of 1992. 2. The plaintiff-respondent filed the suit impleading the petitioner as defendant No.5 and others as the defendants praying for decree declaring the deed of agreement between the parties cancelled and for recovery of compensation to the tune of Tk...

Category: Civil Law | Date: | Hits: 103

Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)

.... 2. The suit was filed seeking declaration of title and for recovery of khas posses­sion of the land in suit. It is the case of the plaintiffs that they have purchased the land in suit by the kabala dated January 19, 1980 from defendant No.4, Nahar Ali, who purchased the same from Pyar Mamu......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ..

Category: Property Law | Date: | Hits: 18

S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)

.... sufficient in respect of the griev­ance of the said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ...... to why the said lease of the demised land should not be deter­mined on the ground that she did not make any construction according to the approved plan within the time stipulated in the lease deed. 5. The writ petitioner's contention is that she constructed one storied building withi..

Category: Property Law | Date: | Hits: 46