IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL APPELLATE JURISDICTION)

Mamnoon Rahman,J:

This appeal is directed against the judgment and order dated

30.07.2017 passed by the Joint District Judge, 2nd Court, Lakshmipur in Pre-emption Miscellaneous Case No. 03 of 2010 dismissing the pre- emption case.

The short facts relevant for the disposal of the appeal, is that, the appellant as pre-emptor instituted Miscellaneous Case for pre-emption being No. 3 of 2010 in the court of Joint District Judge, 2nd Court, Lakshmipur impleading the respondent as opposite parties. The case of the appellant-petitioner, is that, the case property was recorded correctly in the name of Ashraf Ali Patwary so far it relates to 7.64 decimals of land in Khatian No. 150/03. After the death of Ashraf Ali Patwary his three sons and wife become the owners. After the death of Bodiuzzaman his two sons and two daughters become the owner by way of inheritance. By this way the petitioners are the co-sharer of the case property by way of inheritance as well as purchased by different Kabalas. The opposite party No. 2 on 30.04.2010 sold the case property to opposite party No. 1 who is the stranger.