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Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......appeal and decreed the suit in part declaring plaintiffs title to the 2 “Ka” schedule land and also for recovery of his khash possession of the same directing the plaintiff to execute a deed of gift in respect of the land of schedule No.1 and also directing the defendant college to pr..Category: Property Law | Date: | Hits: 53
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
.... Sheikh, on arriving at a compromise, wanted to purchase the suit land from the plaintiff and accordingly the plaintiff, through his benamdar the proforma defendant No.4, by several registered kabalas sold some lands in favour of the above defendants on receipt of the entire consideration m......oforma defendant No.4; the defendant Nos. 1-3 being not in good terms with the brother of the plaintiff, the proforma defendant No.4, at the instance of the plaintiff, got the custody of the title deed of the defendants and that the plaintiffs have no title or possession in the suit land. T..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... title in respect of the land of first schedule and for recovery of khas possession in respect of the land of second schedule upon evicting first group of defendants and for declaring that the kabala described in the 4th schedule is fraudulent, fabricated, illegal and void and not binding o......ession in the year 1989 but the defendants refused, that Title Suit No. 38 of 1983 was filed with the averments that defendant Nos. 21-24 have no title and interest in the land in suit and the sale deed dated October 28, 1980 is a sham transaction and thereby no title accrued in favour of t..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
.... acres stating, inter alia, that the respondent (defendant No. 1) proposed to sell the land described in the schedule of the plaint for a consideration of Tk. 3,000.00 and thereupon executed a kabala in fabour of the petitioner on receiving the entire consideration money but the defend......f for loan of an amount of Tk. 3,000.00 in the month of Jaishstha, 1379 B.S. and the plaintiff agreed to give him loan on condition that the defendant would make over possession and give the title deeds of the suit land to him as security of loan. Accordingly an amount of Tk. 3,000.00 was r..Category: Property Law | Date: | Hits: 30
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......perty and the plaintiff is the mutwalli, which was decreed by the trial Court. The decision of the High Court Division is mainly based on the finding that no valid waqf was created by the impugned deed of waqf dated April 22, 1939, because, there is no provision the deed of waqf reserving the u..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ...... a casual observation, said that the suit property being of the value of more than Rs. 100/- no right, title or interest in it could, under section 17 of the Registration Act, be conveyed except by a deed in writing and duly registered. The particular transfer being an oral gift was, therefore, no..Category: Property Law | Date: | Hits: 37
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
.... petitioners by a sale deed transferred 2.50 acres of land in favour of Malekun; the pre-emptee petitioners presuming that the respondent No.1 was going to file a pre-emption case against the above kabala dated 5.2.1982 got an area of 2.48 acres of land transferred in their favour from Malekun b......atun Nessa; Taijan Bewa died leaving behind the respondent No.1 and Malekun Bibi; Bibijan Bewa died leaving behind brothers' sons Moyen Mondal, Jabbar Mondal and Rahimuddin. Malekun by a registered deed of heba-bil-ewaz deed dated 5.2.1982,transferred 6.32 acres of land to her brother's sons, the..Category: Property Law | Date: | Hits: 34
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
.... before against the order of the Sub-Registrar. The said decision was affirmed by the appellate court on the finding that in view of the admitted fact the appellate court directed that the disputed kabala Ext. 1 to be registered in the office of the Sub-Registrar, Jhenidah if it is duly presente......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ..Category: Procedural Law | Date: | Hits: 97
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......din and sister Bashiron; that Tomizuddin and Boshiran then sold their shares (13+4 1/3) to defendant No.3; Tilumuddin sold his share (25+8 1/2 ) to his son defendant No.1 Abul Kashem and the deeds are in possession of defendant No.3; that Isha Kha possessed 45 decimals of land and he ..Category: Property Law | Date: | Hits: 33
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......for the time being in force, no agricultural or non-agricultural tenancy shall in law be created or deemed to have been created, even after acceptance of salami and/or rent from the lessee, till a deed of lease has been executed in favour of the lessee by any authority competent to grant lease o..Category: Property Law | Date: | Hits: 25
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... as defendants with a prayer for their eviction from the suit premise alleging, inter alia, that the defendants were inducted as tenants in the suit premise by the plaintiffs on the basis of a deed of agreement dated 26.10.1988 and that the defendants paid rents up to the months of August, ..Category: Property Law | Date: | Hits: 35
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....ed to possess the land through bargadar, that S.A. record was prepared in the name of Jairuddin, that Araben Nessa and Lokman son of Giasduddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to......and he transferred the said land by oral gift to his wife Nayjan Nessa and mutated her name and paid rent, that Taresh Haider transferred the rent receiving interest to one Maniruddin Biswas by the deeds dated February 15, 1943 and 28. 4. 1943, that during S.A.operation land was recorded wrongly ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ...... of the same on payment of rent to the landlord and S.A. record was duly prepared in the name of Abdul Aziz; subsequently on 13.10.82 the land was transferred to the plaintiffs by a deed of haba-bill-ewaj; and the plaintiffs, continued to possess the suit land on payment of rent t..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......nly 49 1/2 decimals of land stating the only 49 1/2 decimals of land stands recorded in his name; the plaintiff then came to know that the defendant No.1 has managed to procure a deed of sale in his favour forgoing the name of a plaintiff; the defendant No.1 on 29.9.1982 also d..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
.... two daughters became the owner of .0113/16 decimals of land each; that the said Jawahar Ali, Basiruddin and Ahmmed Ali sold their portions of the suit plot to Jamal Uddin Khan by registered kabala dated 31-01-1959. Shirin Bewa died leaving behind a son named Shahed Ali and three daughters......i Mamud Munshi on 04-11-1943. While Bali Mamud Munshi being in possession of the said land by constructing house thereon and thereafter, he transferred the same to the plaintiff by a sale deed being Deed No. 3120 dated 18-04-1957 and delivered possession thereof to him and since the da..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......hat Hakim Jan Bibi gifted 12 gandas of land out of her share from the land of the patta dated February 17, 1902 to her son Jebal Hossain by the 2nd husband, that the gift was made by the registered deed of gift dated June 25, 1928, that possession of the land so gifted was made over to Jebal Hos..Category: Property Law | Date: | Hits: 24
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....f the plaintiff is that their predecessor-in-interest, Baidyanath Chatterjee purchased the suit land from the original owners in the benami of his relative Srish Chandra Bhattacharjee by a registered kabala dated 28.07.1927. Subsequently he divided the suit land into two equal parts and created two ......2 of 1958 by Baidyanath against Dhiren Bhattacharjee and Biren Bhattacharjee, sons of Srish Bhattacharjee is not a transfer document and after the decree Dhiren and Biren did not execute any transfer deed in favour of Baidyanath and hence by such sole decree Baidyanath did not acquire any title to t..Category: Property Law | Date: | Hits: 34
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......lock No. SE(B), Gulshan Model Town, Dhaka, measuring 17 Khathas 13 Chattaks of land in favour of Mohammad Abdus Sattar, the respondent No.4, and then on 15.10.1963 ; RAJUK duly executed lease deed for 99 years in his favour which was duly registered on 16.10.1963; t..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......y replied to decide the matter as per the above stated rules of the Government. Thereafter the respondent No.5, the Additional Deputy Commissioner (Revenue), Barisal executed and registered a lease deed in favour of the respondent No.6 on 21.01.1996 ignoring the writ petitioner's claim. Thereaft..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......t property measuring about 131 square yards with a house and structures thereon fully described in the schedule to the plaint was originally allotted to one Nasim Razzak by the Ministry of Works by a deed of lease being No.1701 dated 06.03.69. During the war of liberation, said Nasim Razzak left for..Category: Tenancy Law | Date: | Hits: 180
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