IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

Present:

Mr. Justice Md. Mozibur Rahman Miah and

[ Mr. Justice Md. Bashir Ullah

First Miscellaneous Appeal No. 286 of 2007

In the matter of:

Mst. Lili Alam Khanam

---Pre-emptee-Appellant.

-Versus-

Tasar Uddin being died his legal heirs: 1(Ka) Md. Shahabuddin and others.

--- Pre-emptor-Respondents.

Mr. Rehan Husain, Advocate

---For the Appellant. Mr. Md. Shamsul Hoque Bhuiyan, Advocate

--- For the Respondent No-1.

Heard on 18.08.2024 and 19.08.2024 Judgment on: 25.08.2024

Md. Bashir Ullah, J

At the instance of the pre-emptee in Pre-emption Miscellaneous Case No.15 of 2006, this appeal is directed against the judgment and order dated 31.07.2007 passed by the learned Joint District Judge, Second Court, Gazipur allowing the pre-emption case directing the pre- emptee to handover the possession of the case land to the pre-emptor within 30 days.

This Court also vide order dated 28.08.2007 stayed the operation of the impugned judgment and order till disposal of the appeal.

The relevant facts leading to preferring the appeal are that the respondent as pre-emptor instituted Pre-emp