In the Supreme Court of Bangladesh

High Court Division

(Civil Appellate Jurisdiction)

Present:

Mr. Justice Md. Mozibur Rahman Miah

and

Mr. Justice Mohi Uddin Shamim

First Miscellaneous Appeal No. 144 of 2020

In the matter of:

Syed Yousuf Ali

... Appellant-petitioner

Versus

David Suronjon Biswas

...Vendee-Opposite party Syed Hemayet Ali and another

... Vendors-Opposite parties Syed Azmad Hossain and others

.......Co-sharer-opposite parties

Mr. A. K. M. Badrudduza, Senior Advocate

with Mr. Delwar Hossain, Advocate

...For the appellant-petitioner

No one appears

...For the respondent-opposite parties

Heard on: 15th November, 19th November, 26th November and Judgment on 27th November, 2023

Mohi Uddin Shamim, J.

This First Miscellaneous Appeal is directed against the

judgment and order dated 02.02.2020 passed by the learned Joint District Judge, 2nd Court (In charge), Gopalgonj in Pre-emption

Miscellaneous Case No.04 of 2013 rejecting the pre-emption application filed under section 96 of the State Acquisition and Tenancy Act, 1950.

Facts necessary for disposal of the appeal, in short, are that, the pre-emptor-appellant as applicant filed Miscellaneous Case being No.04 of 2013 un