IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(Civil Revisional Jurisdiction)

Present:

Mr. Justice S.M. Masud Hossain Dolon

Civil Revision No. 702 of 2009

Md. Majibar Rahman and others.

…. Pre-emptee-petitioners. -Versus-

Mafizal Haque and others

…. Pre-emptor Opposite parties.

None appears for the petitioner.

Mrs. Sarker Tahmeena Begum, Advocate

... for the opposite party No. 1

Heard & Judgment on: 20.08.2024.

This Rule has been issued calling upon the opposite-party No. 1 to show cause as to why the impugned judgment and order dated 19.11.2008 passed by the learned Additional District Judge, Kurigram in Miscellaneous Appeal No. 25 of 2007 disallowing the appeal and thereby affirming the judgment and order dated 12.03.2007 passed by the learned Senior Assistant Judge, Ulipur, Kurigram in Miscellaneous Case No. 29 of 2005 allowing the pre-emption should not be set-aside and/or pass such other or further order or orders as to this court may seem fit and proper.

Short facts for disposal of the Rule, are that opposite party No. 1 as pre-emptor filed Miscellaneous Case No. 29 of 2005 under section 96 of the State Acquisition and Tenancy Act, 1950 before the Senior

Assistant Judge, Ulipur, Kurigram against the pre-emptee-purchaser for pre-emption of the land in the case as a co-sharer by inherence stating alleging inter-alia that C.S. khatian No.3 was published in the name of Azim Uddin, Jahur Uddin, Gafur Uddin Sheikh, Karful Bibi, Sabiron Bibi, Najiron Bibi. After death of Karful Bibi her son A. Gafur got share. After death of Majiron Nesa her full brother Azim Uddin, Jahur Uddin and full sister Basiron Nesa, Sabiron Nesa got share. After death of Basiron Nesa her 1 daughter Fulbanu Begum and full brother Azim Uddin, Jahur Uddin and full sister Sabiron got share. After death of Jahur Uddin his wife Mahiron Nesa 2 sons the pre-emptor Md. Mafijol Haque, pre-emptee No.4 Md. Mozammel Haque, 4 daughters Most. Jamila Khatun, Most. Jobeda Khatun, Most. Jarina Khatun, Most. Jayeda Khatun got share. After death of Mahiron Nesa her 2 sons the pre-emptor Mafijol Haque, pre-emptee No.4 Mozammel Haque who sold the schedule property, 4 daughters Most. Jamla Khatun, Most. Jobeda Khatun, Most. Jarina Khatun, Most. Jayeda Khatun got share Accordingly the pre-emptor is co-sharer by inherence in the case land. Pre-emptee No. 4 purchased 785 decimals on 06-10-1976, 23 decimals

on 26-09-1977, 03 decimals on 28-12-1978 and 07 decimals on 28-01- 1980 from Gafur Uddin Pre-emptee No. 5 purchased 30 decimals on 04-03-1992 from Gafur Uddin Fulbanu transferred 81 decimals on 02- 11-1977, 08 decimals on 1-02-1986 to the pre-emptee No. 4. Sabiron Nesa transferred 82 decimals on 06-10-1976, 40 decimals on 12-05-

1978 to pre-emptee No. 4. Jamila Khatun transferred 08 decimals on 15-11-1984 and Jarina and Jayeda jointly transferred 15 decimals on 16-11-1985 to pre-emptee No.4. The pre-emptee No. 4 and 5 transferred 50 decimals to pre-emptee Nos. 1-3 on 20-06-2004. The pre-emptor did not know the transfer and no notice was served upon him. The pre-emptor did not know the transfer after knowing from people on 14-05-2005 and collected certified copy of the deed and fully came to know the impugned kabla.

The petitioner as pre-emptee Nos. 1-3 contested the case by filing written objection denying all the material allegations made in the plaint alleging inter alia that the case is false, collusive, not maintainable and the case is bad for defect of parties. The case in short is that the CS tenant Jahur Uddin gave pattan of 2.20 decimals of land to Sakiron Bibi and Piarzan Nesa by patta deed No. 7392 dated 03-12-1955. Thereafter S.A. record was published in the name of Sakiron Bibi and Piarzan Nesa. Accordingly the CS tenants are not sharer in the pattani land of Sakiron and Piarzan. Piarzan Nesa sold her 1.10 pattoni land to Most. Shonavan Nesa registered kabla deed on 1- 12-2002. The pre-emptee Nos. 4/5 Most. Shonavan Nesa and her husband Mozammel Haque