IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(Civil Revisional Jurisdiction)

Present

Madam Justice Kashefa Hussain

Civil Revision No. 147 of 2022

Md. Tozammel Hossain

...........petitioner -Versus-

Md. Sazzadul Islam and others

……… Opposite parties

Mr. Ashfaqur Rahman, Advocate

……… For the petitioner Mr. Mohammad Moshiur Rahman, Advocate

…… For the Opposite Parties

Heard on: 09.05.2023, 15.05.2023, 16.5.2023 and

Judgment on 28.05.2023

Rule was issued calling upon the opposite parties to show cause as to why the impugned Judgment and order dated 22.11.2021 passed by the learned Joint District Judge, 1st Court, Bogura in Miscellaneous Appeal No. 28 of 2019 dismissing the same and thereby affirming the judgment and order dated 20.01.2019 passed by the learned Assistant Judge, Shonatola, Bogura in the Miscellaneous Case No. 14 of 2009 (preemption) disallowing the said preemption case should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper.

The instant petitioner as preemptor filed Miscellaneous Case No. 14 of 2009 in the court of Assistant Judge, Shonatola, Bogura impleading the instant opposite parties as opposite party in the preemption case. The trial court upon hearing the preemption case dismissed the case by its judgment and order dated 20.01.2019. Being aggrieved by the judgment and order of the trial court the preemptor as appellant filed Miscellaneous Appeal No. 29 of 2019 which was heard by the learned Joint District Judge, 1st Court, Bogura. Upon hearing, the appellate court however dismissed the appeal by its judgment and order dated 22.11.2021 and thereby affirmed the judgment and order of the trial court passed earlier. Being aggrieved by the judgment and order of the court below the preemptor as petitioners filed the instant civil revisional application which is presently before this court for disposal.

The plaint case inter alia is that the land under M.R.R. Jote No. 324 of Mouza – Pakulla, Upazila- Shonatola, District- Bagura was recorded in the names of Syed Ali Akand, Tomez Uddin Akand, Mozibor Akand, Babar Ali Akand, Asatan Nesa Bibi, Ebatan Nesa Bibi, Nofiron Beowa, Shuvo Bibi and Taiman Nesa. Thereafter, the said Nofiron Beowa while staying in possession of the said land died leaving behind her legal heirs: 3(three) sons namely Tomez Uddin Mozibor Rahman and pre- emptee- respondent-opposite party No. 4 Babar ali Akand and 2(two) daughters Asatan Nesa and pre-emptee-respondent opposite party No. 5 Ebatan Nesa; subsequently, the said Tomez Uddin Akand while staying in possession of the said land died leaving behind his legal heirs: 2(two) sons namely Tozammel Hossain Akand (the instant petitioner) and pre-emptee- respondent opposite party No. 6 Abul Hossain Akand and 5(five) daughters namely Nunni Beowa and preemptee respondent opposite party Nos. 7-10. Thus the pre-emptor appellant petitioner became a co-sharer by inheritance of the suit land. That while the pre-emptor appellant petitioner, having his right and title, was in possession of the land, he somehow came to know on 05.10.2009 that the preemptee respondent opposite party No. 3 secretly sold and transferred the suit land to pre- emptee respondent-opposite party No. 1 and 2 for a consideration of Tk. 11,000/- (eleven thousand taka) only by executing a registered kabala being Deed No. 3062 dated 17.09.2009. The pre-emptor-appellant-petitioner did have any knowledge about the said sale and transfer of the suit land made by the pre- emptee-respondent-opposite party No. 1 and 2. That if the pre- emptor-appellant petitioner had knowledge about it, he would have surely purchased the suit land upon paying the existing market price of the land. Hence, the instant pre-emption case.

The pre-emptee respondent opposite party Nos. 1 and 2 entered appearance in the said case and contested by way of filing a written objection, denying all the material allegations made by the pre-emptor and a