Present:

Mr.Justice S M Kuddus Zaman

CIVIL REVISION NO.2829 of 2006. Md. Montaj Sarkar

.....Petitioner

-Versus-

Most. Oaresa Khatoon and others ...opposite parties

Mr. Hassan Shaheed Kamruzzaman, Advocate

...For the petitioner No one appears

...For the opposite parties

Heard & Judgment on:24.01.2024.

This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 20.02.2006 passed by the learned Joint District Judge, 2nd Court, Pabna in Miscellaneous Appeal No.46 of 2004 reversing those dated 21.07.2004 passed by the learned Senior Assistant Judge, Chatmohor, Pabna in Miscellaneous Case No.09 of 1999 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

Facts in short are that the petitioner as petitioner filed above Miscellaneous Case under section 96 of the State Acquisition and Tenancy Act for pre-emption of the land of transferred by registered deed of Hiba bil iwaz dated 11.01.1999 which was executed by opposite party Nos.1-3 in favour of opposite party No.4. Above document was in fact a deed of sale but the same was falsely designated as a deed of Hiba bil iwaz. The petitioner did not get any notice of above transfer. On the same date opposite party Nos.1-3 sold their another land and used the sale proceed

to pay the consideration money of the impugned deed.

Opposite party Nos.1-3 contested the case by filing a joint written statement alleging that opposite party No.4 was in possession in the disputed land pursuant to a deed of partition dated 10.05.1983 and out of love and respect he executed and registered the impugned deed of Hiba bil iwaz to opposite party Nos.1-3

At trail petitioner and opposite party Nos.1-3 examined 02 (two) witnesses each. Documents produced and proved by the petitioner were marked as Exhibit No.1 series.

On Consideration of facts and circumstances of the case and materials on record the learned Senior Assistant Judge allowed the case and granted pre- emption of the disputed land to the petitioner.

Being aggrieved by above judgment and order of the learned Senior Assistant Judge opposite party Nos.1-3 preferred Miscellaneous Appeal No.46 of 2004 to the District Judge, Pabna which was heard by the learned Joint District Judge, Second Court, Pabna who on consideration of above materials on record and submissions of the learned Advocates for the respective parties allowed the appeal, set aside the judgment and order of the trial court and dismissed the miscellaneous case by impugned judgment and order dated 20.02.2006.

Being aggrieved by above judgment and order of the learned Joint District Judge, Second Court, Pabna petitioner as petitioner moved to this court and obtained this rule.

Mr. Hassan Shaheed Kamruzzaman learned Advocate for the petitioner submits that opposite party No.4 sold the disputed land to opposite party Nos1-3 by the impugned deed of Heba bil ewaz but to defect the pre-emption right of the petitioner falsely designated above sale deed as a deed of Hiba bil iwaz. The learned Advocate further submits that on the date of execution and registration of the impugned deed opposite party No.4 sold out his another land and used above sale proceeds to pay the consideration of the impugned kobla deed.

The learned Senior Assistant Judge correctly appreciated above materials on record and lawfully allowed the pre-emption but the learned Joint District Judge most illegally set aside the judgment and order of the trial court and dismissed the Miscellaneous Case which is not tenable in law.

None appears for the opposite parties when the case was taken up for hearing although the case appeared in the list for hearing today.

I have considered the submissions of the learned Advocate for the petitioner and carefully examined all materials on record including the pleadings, evidence adduced by the parties and judgment and order passed by the learned Courts below.

It is not dis