1

IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

Civil Revision No. 2808 of 2009

Md. Ali Akbar

----- The pre-emptor-appellant-petitioner

=Versus=

Al-Haj Mohammad Hasan and others.

---- The pre-emptee-respondent-opposite-

parties

Mr. Md. Golam Noor, Advocate

----- For the petitioner Mr. Abul Kalam Chowdhury, Advocate,

----- For the opposite-parties.

Heard on 06.02.2017, 07.02.2017 and Judgment on 15.03.2017.

At the instance of the present pre-emptor (applicant)-appellant- petitioners, Md. Ali Akbar, this Rule has been issued calling upon the opposite-parties No.1-3 to show cause as to why the judgment and order dated 29.10.2008 passed by the District Judge, Noakhali in Civil Miscellaneous Appeal No.21 of 2005 affirming the judgment and order dated 24.03.2005 disallowing the Pre-emption Case No.48 of 2002 by the Senior Assistant Judge, Noakhlai should not be set aside.

The relevant facts for disposal of the Rule, inter alia, are that the present petitioner as an applicant filed the Miscellaneous Case No.48 of 2002 under section 24 of the Non-Agricultural and Tenancy Act, 1949 in the Court of the