On perusal of the oral
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Land Reforms Ordinance, 1984
On perusal of the oral and documentary evidences, it appears that as per
the Rules of preponderance of evidence, the contention of the plaintiff’s
possession is heavy in weight but the learned District Judge on slipshod
statement held that the joint possession of the plaintiff and the
defendants without sifting the documents in entirety. The original
documents are lying with the plaintiff and produced from the custody of the
plaintiff and those were admitted as evidence without any objection from
the defendants’ side. The burden of showing that the alleged transfer is
banami transaction has not been discharged by the defendants’ side.
Undisputedly, the father of the defendants in his lifetime did not take any
legal action against the transaction nor he filed any suit for declaration
that the plaintiff was his benamder. Considering the surrounding
circumstances, the relationship between the parties and intention and
subsequent conduct of Naybullah Khan, it is as clear as daylight that 94
years ago, Naybyllah Khan took settlement of the suit land for the benefit
of his eldest son i.e the plaintiff for the purpose of the welfare of his
son. .....Mahmud N. A. Khan & ors Vs. Md. Kamrul Islam Khan & ors, (Civil),
19 SCOB [2024] HCD 165
....View Full Judgment
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Mahmud N. A. Khan & ors Vs. Md. Kamrul Islam Khan & ors |
19 SCOB [2024] HCD 165 |