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.

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