Bangladesh Land Holding Limitation Order, 1972

 

 

Bangladesh Land Holding Limitation Order, 1972

 

Article 3-

Pre-emption under section 26F of the Bengal Tenancy Act (VIII of 1885)-Whether the same can be allowed in favour of the pre­emptor applicant who admitedly owns more than 100 bighas of land exceeding the land ceiling prescribed by PO No. 98 of 1972-The question of land holding limitation upto 100 bighas of land does not arise as the Munsifs order was passed in 1967 when there was no law limiting and holding to 100 bighas.

Azizur Rahman vs Bhayetullah 40 DLR (AD) 224.

BANGLADESH LAND HOLDING (LIMITATION) ORDER, 1972

 

BANGLADESH LAND HOLDING (LIMITATION) ORDER (P.O.
98 OF 1972)

 

Article—3

Pre-emption—Whether
pre-emption can be allowed in favour of a person who owns more than 100 bighas
of land violating provisions of Bangladesh Land Holding Limitation Order—When
pre-emption was allowed in 1967 under section 26 F of the B.T. Act there was no
question of land holding limitation upto 100 bighas—So limitation as to land
holding under the State Acquisition and Tenancy Act is not attracted—In the
absence of any objection regarding violation of land holding limitation at the
time pre-emption was allowed—Such issue of fact cannot be raised for the first
time in the Appellate Division.

Azizur
Rahman vs. Bhayetullah and another; 7 BLD (AD) 210.

Ref.
52 C.W.N. 64.

 

Articles—7,
9 and 10

Vesting of
land in Government—When there cannot be the vesting—There has been no selection of
excess land by the revenue officer nor has he passed any order accepting any
excess land or forfeiting any land—In the absence of such order the excess
land, if any, held by the plaintiff cannot vest in the Government.

Chan Juri
Talukder and another Vs. Ching Neshay Magni and others; 9 BLD (HCD) 1O.

 

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