(k) the lessee is bound to disclose to the lessor any
fact as to the nature or extent of the interest which the lessee is about to
take, of which the lessee is, and the lessor is not, aware, and which
materially increases the value of such interest:
(l) the lessee is bound to pay or tender, at the proper
time and place, the premium or rent to the lessor or his agent in this behalf:
(m) the lessee is bound to keep, and on the termination
of the lease to restore, the property in as good condition as it was in at the
time when he was put in possession, subject only to the changes caused by
reasonable wear and tear or irresistible force, and to allow the lessor and his
agents, at all reasonable times during the term, to enter upon the property and
inspect the condition thereof and give or leave notice
of any defect in such condition, and, when such defect has been caused by any act
or default on the part of the lessee, his servants or agents, he is bound to
make it good within three months after such notice has been given or left:
(n) if the lessee becomes aware of any proceeding to
recover the property or any part thereof, or of any encroachment made upon, or
any interference with, the lessor's rights concerning such property, he is
bound to give, with reasonable diligence, notice thereof to the lessor:
(o) the lessee may use the property and its products
(if any) as a person of ordinary prudence would use them if they were his own;
but he must not use, or permit another to use, the property for a purpose other
than that for which it was leased, or fell or sell timber, pull down or damage
buildings belonging to the lessor, or work mines or quarries not open when the
lease was granted, or commit any other act which is destructive or permanently
injurious thereto:
(p) he must not, without the lessor's consent, erect on
the property any permanent structure, except for agricultural purposes:
(q) on the determination of the lease, the lessee is
bound to put the lessor into possession of the property.
Rights of
lessor’s transferee
109. If the lessor transfers the property leased, or
any part thereof, or any part of his interest therein, the transferee, in the
absence of a contract to the contrary, shall possess all the rights, and, if
the lessee so elects, be subject to all the liabilities of the lessor as to the
property or part transferred so long as he is the owner of it; but the lessor
shall not, by reason only of such transfer, cease to be subject to any of the
liabilities imposed upon him by the lease, unless the lessee elects to treat
the transferee as the person liable to him:
Provided that the transferee is not entitled to arrears
of rent due before the transfer, and that, if the lessee, not having reason to
believe that such transfer has been made, pays rent to the lessor, the lessee
shall not be liable to pay such rent over again to the transferee.
The lessor, the transferee and the lessee may determine
what proportion of the premium or rent reserved by the lease is payable in
respect of the part so transferred, and, in case they disagree, such
determination may be made by any Court having jurisdiction to entertain a suit
for the possession of the property leased.
Exclusion of
day on which term commences
110. Where the time limited by a lease of immoveable
property is expressed as commencing from a particular day, in computing that
time such day shall be excluded. Where no day of commencement is named, the
time so limited begins from the making of the lease.
Duration of
lease for a year Where the time so
limited is a year or a number of years, in the absence of an express agreement
to the contrary, the lease shall last during the whole anniversary of the day
from which such time commences.
Option to
determine lease Where the time so
limited is expressed to be terminable before its expiration, and the lease
omits to mention at whose option it is so terminable, the lessee, and not the
lessor, shall have such option.
Determination
of lease
111. A lease of immoveable property determines-
(a) by efflux of the time limited thereby:
(b) where such time is limited conditionally on the
happening of some event - by the happening of such event:
(c) where the interest of the lessor in the property
terminates on, or his power to dispose of the same extends only to, the
happening of any event - by the happening of such event:
(d) in case the interests of the lessee and the lessor
in the whole of the property become vested at the same time in one person in
the same right:
(e) by express surrender; that is to say, in case the
lessee yields up his interest under the lease to the lessor, by mutual
agreement between them:
(f) by implied surrender:
(g) by forfeiture; that is to say, (1) in case the
lessee breaks an express condition which provides that on breach thereof the
lessor may re-enter; or (2) in case the lessee renounces his character as such
by setting up a title in a third person or by claiming title in himself; or (3)
the lessee is adjudicated an insolvent and the lease provides that the lessor
may re-enter on the happening of such event; and in any of these cases the
lessor or his transferee gives notice in writing to the lessee of his intention
to determine the lease:
(h) on the expiration of a notice to determine the
lease, or to quit, or of intention to quit, the property leased, duly given by
one party to the other.
Illustration of clause (f)
A lessee accepts from his lessor a new lease of the
property leased, to take effect during the continuance of the existing lease.
This is an implied surrender of the former lease, and such lease determines
thereupon.
Waiver of
forfeiture
112. A forfeiture under section 111, clause (g), is
waived by acceptance of rent which has become due since the forfeiture, or by
distress for such rent, or by any other act on the part of the lessor showing
an intention to treat the lease as subsisting:
Provided that the lessor is aware that the forfeiture
has been incurred:
Provided also that, where rent is accepted after the
institution of a suit to eject the lessee on the ground of forfeiture, such
acceptance is not a waiver.
Waiver of
notice to quit
113. A notice given under section 111, clause (h), is
waived, with the express or implied consent of the person to whom it is given,
by any act on the part of the person giving it showing an intention to treat
the lease as subsisting.
Illustrations
(a) A, the lessor, gives B, the lessee, notice to quit
the property leased. The notice expires. B tenders, and A accepts, rent which
has become due in respect of the property since the expiration of the notice.
The notice is waived.
(b) A, the lessor, gives B, the lessee, notice to quit
the property leased. The notice expires, and B remains in possession. A gives
to B as lessee a second notice to quit. The first notice is waived.
Relief against
forfeiture for non-payment of rent
114. Where a lease of immoveable property has
determined by forfeiture for non-payment of rent, and the lessor sues to eject
the lessee, if, at the hearing of the suit, the lessee pays or tenders to the
lessor the rent in arrear, together with interest thereon and his full costs of
the suit, or gives such security as the Court thinks sufficient for making such
payment within fifteen days, the Court may, in lieu of making a decree for
ejectment pass an order relieving the lessee against the forfeiture; and
thereupon the lessee shall hold the property leased as if the forfeiture had
not occurred.
Relief against
forfeiture in certain other cases
31[ 114A. Where a lease of immoveable property has
determined by forfeiture for a breach of an express condition which provides
that on breach thereof the lessor may re-enter, no suit for ejectment shall lie
unless and until the lessor has served on the lessee a notice in writing-
(a) specifying the particular breach complained of; and
(b) if the breach is capable of remedy, requiring the
lessee to remedy the breach;
and the lessee fails, within a reasonable time from the
date of the service of the notice, to remedy the breach, if it is capable of
remedy.
Nothing in this section shall apply to an express
condition against the assigning, under-letting, parting with the possession, or
disposing, of the property leased, or to an express condition relating to
forfeiture in case of non-payment of rent.]
Effect of
surrender and forfeiture on under-leases
115. The surrender, express or implied, of a lease of
immoveable property does not prejudice an under -lease of the property or any
part thereof previously granted by the lessee, on terms and conditions
substantially the same (except as regards the amount of rent) as those of the
original lease; but, unless the surrender is made for the purpose of obtaining
a new lease, the rent payable by, and the contracts binding on, the
under-lessee shall be respectively payable to and enforceable by the lessor.
The forfeiture of such a lease annuls all such under
-leases except where such forfeiture has been procured by the lessor in fraud
of the under-lessees, or relief against the forfeiture is granted under section
114.
Effect of
holding over
116. If a lessee or under-lessee of property remains in
possession thereof after the determination of the lease granted to the lessee,
and the lessor or his legal representative accepts rent from the lessee or
under-lessee, or otherwise assents to his continuing in possession, the lease
is, in the absence of an agreement to the contrary, renewed from year to year,
or from month to month, according to the purpose for which the property is
leased, as specified in section 106.
Illustrations
(a) A lets a house to B for five years. B underlets the
house to C at a monthly rent of Tk. 100. The five years expire, but C continues
in possession of the house and pays the rent to A. C's lease is renewed from
month to month.
(b) A lets a farm to B for the life of C. C dies, but B
continues in possession with A's assent. B's lease is renewed from year to
year.
Exemption of
leases for agricultural purposes
117. None of the provisions of this Chapter apply to
leases for agricultural purposes, except in so far as the Government may, by
notification published in the official Gazette, declare all or any of such
provisions to be so applicable in the case of all or any of such leases,
together with, or subject to, those of the local law, if any, for the time
being in force.
Such notification shall not take effect until the
expiry of six months from the date of its publication.
CHAPTER VI
OF EXCHANGES
“Exchange”
defined
118. When two persons mutually transfer the ownership
of one thing for the ownership of another, neither thing or both things being
money only, the transaction is called an “exchange”.
A transfer of property in completion of an exchange can
be made only in manner provided of the transfer of such property by sale.
Right of party
deprived of thing received in exchange
119. If any party to an exchange or any person claiming
through or under such party is by reason of any defect in the title of the
other party deprived of the thing or any part of the thing received by him in
exchange, then, unless a contrary intention appears from the terms of the
exchange, such other party is liable to him or any person claiming through or
under him for loss caused thereby, or at the option of the person so deprived,
for the return of the thing transferred, if still in the possession of such
other party or his legal representative or a transferee from him without
consideration.
Exchange of
money
121. On an exchange of money, each party thereby
warrants the genuineness of the money given by him.
CHAPTER VII
OF GIFTS
“Gift”
defined
122. “Gift” is the transfer of certain existing
moveable or immoveable property made voluntarily and without consideration, by
one person, called the donor, to another, called the donee, and accepted by or
on behalf of the donee.
Acceptance when
to be made Such acceptance must be made
during the lifetime of the donor and while he is still capable of giving.
If the donee dies before acceptance, the gift is void.
Transfer how
effected
123. For the purpose of making a gift of immoveable
property, the transfer must be effected by a registered instrument signed by or
on behalf of the donor, and attested by at least two witnesses.
32[ Notwithstanding anything contained in any other law
for the time being in force, a heba under Muhammadan law shall be deemed to be
a gift of immoveable property for the aforesaid purpose.]
For the purpose of making a gift of moveable property,
the transfer may be effected either by a registered instrument signed as
aforesaid or by delivery.
Such delivery may be made in the same way as goods sold
may be delivered
Gift of
existing and future property
124. A gift comprising both existing and future
property is void as to the latter.
Gift to several
of whom one does not accept
125. A gift of a thing to two or more donees, of whom
one does not accept it, is void as to the interest which he would have taken
had he accepted.
When gift may
be suspended or revoked
126. The donor and donee may agree that on the
happening of any specified event which does not depend on the will of the donor
a gift shall be suspended or revoked; but a gift which the parties agree shall
be revocable wholly or in part, at the mere will of the donor, is void wholly
or in part, as the case may be.
A gift may also be revoked in any of the cases (save want
or failure of consideration) in which, if it were a contract, it might be
rescinded.
Save as aforesaid, a gift cannot be revoked.
Nothing contained in this section shall be deemed to
affect the rights of transferees for consideration without notice.
Illustrations
(a) A gives a field to B, reserving to himself, with
B's assent, the right to take back the field in case B and his descendants die
before A. B dies without descendants in A's lifetime. A may take back the
field.
(b) A gives a lakh of Tk. to B, reserving to himself,
with B's assent, the right to take back at pleasure Tk. 10,000, out of the
lakh. The gift holds goods as to Tk. 90,000, but is void as to Tk. 10,000,
which continue to belong to A.
Onerous gifts
Onerous gift to disqualified person
127. Where a gift is in the form of a single transfer
to the same person of several things of which one is, and the others are not,
burden by an obligation, the donee can take nothing by the gift unless he
accepts it fully.
Where a gift is in the form of two or more separate and
independent transfers to the same person of several things, the donee is at
liberty to accept one of them and refuse the others, although the former may be
beneficial and the latter onerous.
Onerous gift to
disqualified person A donee not
competent to contract and accepting property burdened by any obligation is not
bound by his acceptance. But if, after becoming competent to contract and being
aware of the obligation, he retains the property given, he becomes so bound.
Illustrations
(a) A has shares in X, a prosperous joint stock
company, and also shares in Y, a joint stock company, in difficulties. Heavy
calls are expected in respect of the shares in Y. A gives B all his shares in
joint stock companies. B refuses to accept the shares in Y. He cannot take the
shares in X.
(b) A having a lease for a term of years of a house at
a rent which he and his representatives are bound to pay during the term, and
which is more than the house can be let for, gives to B the lease, and also, as
a separate and independent transaction, a sum of money. B refuses to accept the
lease. He does not by this refusal forfeit the money.
128. Subject to the provisions of section 127, where a
gift consists of the donor's whole property, the donee is personally liable for
all the debts due by and liabilities of the donor at the time of the gift to
the extent of the property comprised therein.
Universal
donee
128. Subject to the provisions of section 127, where a
gift consists of the donor's whole property, the donee is personally liable for
all the debts due by and liabilities of the donor at the time of the gift to
the extent of the property comprised therein.
Saving of
donations mortis causa and Muhammadan law
129. Nothing in this Chapter relates to gifts of
moveable property made in contemplation of death 33[ * * *].
CHAPTER VIII
OF TRANSFERS OF ACTIONABLE CLAIMS
Transfer of
actionable claim
130. (1) The transfer
of an actionable claim whether with or without consideration shall be effected
only by the execution of an instrument in writing signed by the transferor or
his duly authorised agent, shall be complete and effectual upon the execution
of such instrument, and thereupon all the rights and remedies of the
transferor, whether by way of damages or otherwise, shall vest in the
transferee, whether such notice of the transfer as is hereinafter provided be
given or not:
Provided that every dealing with the debt or other
actionable claim by the debtor or other person from or against whom the
transferor would, but for such instrument of transfer as aforesaid, have been
entitled to recover or enforce such debt or other actionable claim, shall (save
where the debtor or other person is a party to the transfer or has received
express notice thereof as hereinafter provided) be valid as against such
transfer.
(2) The transferee of an actionable claim may, upon the
execution of such instrument of transfer as aforesaid, sue or institute
proceedings for the same in his own name without obtaining the transferor's
consent to such suit or proceedings and without making him a party thereto.
Exception:-Nothing in this section applies to the
transfer of a marine or fire policy of insurance or affects the provisions of
section 38 of the Insurance Act, 1938.
Illustrations
(i) A owes money to B, who transfers the debt to C. B
then demands the debt from A, who, not having received notice of the transfer,
as prescribed in section 131, pays B. The payment is valid, and C cannot sue A
for the debt.
(ii) A effects a policy on his own life with an
Insurance Company and assigns it to a Bank for securing the payment of an
existing or future debt. If A dies, the Bank is entitled to receive the amount
of the policy and to sue on it without the concurrence of A's executor, subject
to the proviso in sub-section (1) of section 130 and to the provisions of
section 132.
Transfer of
policy of marine insurance
34[ 130A. (1) A policy of marine insurance may be
transferred by assignment unless it contains terms expressly prohibiting
assignment, and may be assigned either before or after loss.
(2) A policy of marine insurance may be assigned by
endorsement thereon or in any other customary manner.
(3) Where the insured person has parted with or lost
his interest in the subject-matter insured, and has not, before or at the time
of so doing, expressly or impliedly agreed to assign the policy, any subsequent
assignment of the policy is inoperative:
Provided that nothing in this sub-section affects the
assignment of the policy after loss.
(4) Nothing in clause (e) of section 6 shall affect the
provisions of this section.]
Notice to be in
writing, signed
131. Every notice of transfer of an actionable claim
shall be in writing, signed by the transferor or his agent duly authorised in
this behalf, or, in case the transferor refuses to sign, by the transferee or
his agent, and shall state the name and address of the transferee.
Liability of
transferee of actionable claim
132. The
transferee of an actionable claim shall take it subject to all the liabilities
and equities to which the transferor was subject in respect thereof at the date
of the transfer.
Illustrations
(i) A transfers to C a debt due to him by B, A being
then indebted to B. C sues B for the debt due by B to A. In such suit B is
entitled to set off the debt due by A to him; although C was unaware of it at
the date of such transfer.
(ii) A executed a bond in favour of B under
circumstances entitling the former to have it delivered up and cancelled. B
assigns the bond to C for value and without notice of such circumstances. C
cannot enforce the bond against A.
Warranty of
solvency of debtor
133. Where the transferor of a debt warrants the
solvency of the debtor, the warranty, in the absence of a contract to the
contrary, applies only to his solvency at the time of the transfer, and is
limited, where the transfer is made for consideration, to the amount or value
of such consideration.
Mortgaged
debt
134. Where a debt is transferred for the purpose of
securing an existing or future debt, the debt so transferred, if received by
the transferor or recovered by the transferee, is applicable, first, in payment
of the costs of such recovery: secondly, in or towards satisfaction of the
amount for the time being secured by the transfer; and the residue, if any,
belongs to the transferor or other person entitled to receive the same.
Assignment of
rights under policy of insurance against fire
135. Every assignee by endorsement or other writing, of
a policy of insurance against fire, in whom the property in the subject insured
shall be absolutely vested at the date of the assignment, shall have
transferred and vested in him all rights of suit as if the contract contained
in the policy had been made with himself.
Assignment of
rights under policy of marine insurance
35[ 135A. (1) Where a policy of marine insurance has
been assigned so as to pass the beneficial interest therein, the assignee of
the policy is entitled to sue thereon in his own name; and the defendant is
entitled to make any defence arising out of the contract which he would have
been entitled to make if the action had been brought in the name of the person
by or on behalf of whom the policy was effected.
(2) Where the insurer pays for a total loss, either of
the whole, or in the case of goods, of any apportionable part, of the
subject-matter insured, he thereupon becomes entitled to take over the interest
of the insured person in whatever may remain of the subject-matter so paid for,
and he is thereby subrogated to all the rights and remedies of the insured
person in and in respect of that subject-matter as from the time of the
casualty causing the loss.
(3) Where the insurer pays for a partial loss, he
acquires no title to the subject–matter insured, or such part of it as may
remain, but he is thereupon subrogated to all rights and remedies of the
insured person as from the time of the casualty causing the loss, in so far as
the insured person has been indemnified by such payment for the loss.
(4) Nothing in clause (e) of section 6 shall affect the
provisions of this section.]
Incapacity of
officers connected with Courts of Justice
136. No Judge, legal practitioner or officer connected
with any Court of Justice shall buy or traffic in, or stipulate for, or agree
to receive any share of, or interest in, any actionable claim, and no Court of
Justice shall enforce, at his instance, or at the instance of any person
claiming by or through him, any actionable claims, so dealt with by him as
aforesaid.
Saving of
negotiable instruments, etc
137. Nothing in the foregoing sections of this Chapter
applies to stocks, shares or debentures, or to instruments which are for the
time being, by law or custom, negotiable, or to any mercantile document of
title to goods.
Explanation.-The expression “mercantile document of
title to goods” includes a bill of lading, dock-warrant, warehouse-keeper's
certificate, railway receipt, warrant or order for the delivery of goods, and
any other document used in the ordinary course of business as proof of the possession
or control of goods, or authorizing or purporting to authorise, either by
endorsement or by delivery, the possessor of the document to transfer or
receive goods thereby represented.
1 Throughout this Act, except otherwise provided, the
words “Bangladesh”, “Government” and “Tk.” were substituted, for the words
“Pakistan”, “Central Government” or “Provincial Government” and “Rs.”
respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973).
2 Throughout this Act, except otherwise provided, the
words “Bangladesh”, “Government” and “Tk.” were substituted, for the words
“Pakistan”, “Central Government” or “Provincial Government” and “Rs.”
respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973)
3 The words “It extends to the whole of Bangladesh”
were substituted, for the third, fourth, fifth, sixth and seventh paragraphs by
section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973)
4 The words “Nothing herein contained shall be deemed
to affect” were substituted, for the first paragraph by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.
VIII of 1973).
5 The word “Muslim” was substituted, for the word
“Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973)
6 The word `Bangladesh` was substituted, for the words
`a Province` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973)
7 The word “Muslim” was substituted, for the word
“Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973)
8 The words “in Bangladesh” were substituted, for the
words “having authority in Pakistan or established beyond the limits of
Pakistan by the Central Government” by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
9 Section 53A was inserted by section 16 of the
Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929).
10 The words and commas “notwithstanding that the contract,
though required to be registered, has not been registered, or,” were omitted by
section 2 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of
2004).
11 Sections 53B, 53C, 53D and 53E were inserted by
section 3 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of
2004)
12 The words and comma “of the value of one hundred Tk.
and upwards,” were omitted by section 4 of the Transfer of Property (Amendment)
Act, 2004 (Act No. XXVI of 2004).
13 Third paragraph was omitted by section 4 of the
Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004).
14 Section 54A was inserted by section 5 of the
Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004)
15 The words “the High Court Division” were substituted,
for the words “a High Court” by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
16 The words “Dhaka, Narayangonj and Chittagong” were
substituted, for the word “Karachi” by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
17 The word “concerned” was omitted by section 3 and
2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act
No. VIII of 1973)
18 A colon was substituted, for the full-stop at the
end and thereafter the proviso was added by section 6 of the Transfer of
Property (Amendment) Act, 2004 (Act No. XXVI of 2004)
19 Colon was substituted for the full-stop and
thereafter the proviso was added by section 2 of the Transfer of Property
(Amendment) Act, 2006 (Act No. XXXVI of 2006)
20 Section 59A was inserted by section 21 of the
Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)
21 Sections 60A and 60B were inserted by section 23 of
the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)
22 Section 63A was inserted by section 27 of the
Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)
23 Section 65A was inserted by section 29 of the
Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)
24 Section 67A was inserted by section 32 of the
Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)
25 The words, comma and figure “Notwithstanding
anything contained in the Trustees' and Mortgagees' Powers Act, 1866” were
omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973)
26 The word “Muslim” was substituted, for the word
“Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973).
27 The words, commas and figures “or a scheduled bank
as defined in Article 37 of the Bangladesh Bank Order, 1972,” were substituted,
for the words, comma, figures and brackets “or a scheduled bank as defined in
section 2 of the State Bank of Pakistan Act, 1956 (Act No,. XXXIII of 1956)” by
section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration)
Act, 1973 (Act No. VIII of 1973).
28 The word “Dhaka” was substituted, for the word
“Karachi” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973).
29 The words “Bangladesh Bank” were substituted, for
the words “State Bank of Pakistan” by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
30 The words “Supreme Court” were substituted, for the
words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
31 Section 114A was inserted by section 58 of the
Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)
32 New paragraph was inserted by section 7 of the
Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004)
33 The comma and words “, or shall be deemed to affect
any rule of Muhammadan Law” were omitted by section 8 of the Transfer of
Property (Amendment) Act, 2004 (Act No. XXVI of 2004).
34 Section 130A was inserted by section 2 of the
Transfer of Property (Amendment) Act, 1944 (Act No. VI of 1944).
35 Section 135A was inserted by section 4 of the
Transfer of Property (Amendment) Act, 1944 (Act No. VI of 1944)
