State Acquisition and Tenancy Act, 1951

State Acquisition and Tenancy Act, 1951

Section – 20

No issue
was suggested or framed and no pleading or evidence was advanced on behalf of
the defendant that the suit land being a tank is not retainable and as such
could not be the subject-matter of settlement by the original landlord.

Chairman, Sherpur
Pourashava Vs. Md. Jahangir Hossain & Ors 14 BLT(AD)126

State Acquisition and Tenancy Act, 1956

Substituted by East Bengal Act No.V of 1956
Section-49

Revision of record
of rights and compensation assessment roll-

Section
49 of the act has authorized the commissioner or any officer empowered by him
to revise the compensation assessment-roll and the record-of-rights. The
authority was competent to cancel the Khatian in exercise of their powers
conferred upon them by the Act.

Abinash Chandra Vs
Province of East Pakistan. 13 BLT (HCD)273

State Acquisition and Tenancy Act (Second
Amendment) Order, 1972

Section-95A read with Registration Act, 1908,
Section —17(2)(v)

An
Agreement for re-conveyance merely creating a right to obtain another document
does not require registration as engrafted in section 17(2)(V) of the
Registration Act, 1908 and on the strength of an unregistered deed of Agreement
of re-conveyance property conveyed in the sale deed can be re-conveyed on
institution of a suit for specific performance of in the sale deed can be
reconveyed on institution of a suit for specific performance of contract. But a
deed of Agreement of re-conveyance if to be deemed and treated to be an
usufructuary mortgage under section 95A of the Act, the Agreement must be a
registered one.

Selim Saud Vs. A.
Majid Molla & Ors 15BLT(HCD)69

State Acquisition Rules, 1950 Rule-23 (4)

Authority
of the Revenue Officer in modifying record of right — Under rule 23(4) the
Revenue Officer is empowered to direct excision of fraudulent entry from the
record- of-rights after final publication thereof after consulting the previous
settlement records, preliminary rent-rolls, draft record-of-rights, tahasil
copies of records and Register-11.

Fazlur Rahman Vs
Bangladesh 1 BLT (HCD)-18

S.S.C. Suit

Bonafide requirement

The
right of bona fide requirement is always with landlord but he is under legal
obligation to prove that he needs the premises for such requirement. Expansion
of existing business of a landlord run in a shop room adjacent to the shop room
let out to a tenant involves element of must have and constitutes bonafide
requirement.

Zaher Ahmed Vs.
Manik Sarker 9BLT(AD)-23

Bonafide requirement

The
right of bona fide requirement is always with landlord but he is under legal
obligation to prove that he needs the premises for such requirement. Expansion
of existing business of a landlord run in a shop room adjacent to the shop room
let Out to a tenant involves element of must have and constitutes bona tide
requirement.

Zahir Ahmed Vs.
Manik Sarder 9BLT(AD)-69.