Published on 02:02 AM, May 09, 2023

Review of LAND LAW: TEXTS, CASES AND MATERIALS

"Land Law: Texts, Cases & Materials" by Professor Mohammad Towhidul Islam is a comprehensive primer to land laws in Bangladesh. The book provides a compact and precise analysis of the procedural and substantive aspects of the subject. The book is clear and accessible with each chapter covering a specific aspect of land law. The author provides precise explanations of the legal concepts and principles supported by case law and statutory references. The book is the culmination of the author's experience of teaching land law at the Department of Law,  University of Dhaka.

There was once a prevailing notion in Bangladesh that the teaching of land law means the teaching of only the State Acquisition & Tenancy Act, 1950 and the Non- Agricultural Tenancy Act, 1949. But the author has changed this perception by bringing in all the topics relevant to land law. The book covers a wide range of topics, including land administration and its history, land ownership and its history, the creation and transfer of property rights, easements, mutation, record-of-rights, land taxes, non- agricultural land and procedural aspects related to land law. The book also addresses topics like balu mahal, sairat mahal, acquisition and requisition of land, abandoned property and enemy property – topics which no other book previously covered. The book uses primary legal sources, such as cases and statutes to provide a thorough analysis of the subject. The writer has cited various judgments made by both Indian and English courts, and where applicable, utilised a comparative approach to examine the requirement for a specific law. In addition to analysing the present state of the law, the book also examines the ideal legal framework necessary to safeguard individuals' property rights.

Professor Mohammad Towhidul Islam's book have recently been updated and its third edition (2023) has been published. While the book retains the same number of chapters as its second edition, it now encompasses additional sub-topics and its contents have been revised to incorporate evolving procedures. In the third edition, the author has elaborated on the history of the development of land law. He has discussed the land administration system and land laws starting from panchayat system to the Aryans, Maurya, Gupta and Palas period. He has also covered the Chandra, Varmana and Sena period. The Mughal, British and Pakistan periods have also been covered in much more detail. In the record of rights chapter, Professor Towhid has not only kept the sample khatian formats in Bangla, in this new edition, he has also provided khatian formats in English, which will be helpful for students to understand. He has also briefly touched upon the assessment of measuring land as well as defining certain terms which are used in khatians. In the transfer of land chapter, the author has also included the topic of inheritance. He has covered the Muslim law of inheritance as well as the Hindu and Christian successions. The author has also included updated case laws of the Supreme Court of Bangladesh.

Overall, "Land Law: Texts, Cases & Materials" is a highly informative and valuable resource for students, practitioners and judges. It is also hugely helpful for the judicial service aspirants. The author's clear writing style and use of case laws makes the book accessible to readers of all levels of expertise, while the comprehensive coverage of the subject matter ensures that it will remain a useful reference guide for years to come.

The writer  is a student of  Law, University of Dhaka.