BANGLADESH LAND HOLDING (LIMITATION) ORDER (P.O.
98 OF 1972)
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.
Rahman vs. Bhayetullah and another; 7 BLD (AD) 210.
52 C.W.N. 64.
9 and 10
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.
Talukder and another Vs. Ching Neshay Magni and others; 9 BLD (HCD) 1O.