IN THE SUPREME COURTOF BANGLADESH HIGH COURT DIVISION

(CIVIL APPELATE JURISDICTION)

Present:

Mr. Justice Kazi Md. Ejarul Haque Akondo

and

Mr. Justice Mohi Uddin Shamim

First Miscellaneous Appeal No. 146 of 2021

In the matter of:

Memorandum of appeal from original order.

And

In the matter of:

Md. Moslem Hawlader being dead his legal heirs 1(a) Md. Kaisar Hamid and others

... Pre-emptor-appellants

Versus

Md. Hannan Mollah and others

... respondents

Mr. Khan Mohammad Moinul Hasan, Advocate

... for the pre-emptor-appellants

No one appears

........ for the respondents Heard on 1st, 2nd & 11th July, 2024

Judgment on 25th July, 2024

Mohi Uddin Shamim, J.

This appeal is directed against the judgment and order dated

13.10.2020 passed by the learned Joint District Judge, 1st Court, Madaripur in Miscellaneous Case No. 36 of 2010 dismissing the

application for pre-emption under section 24 of the Non- Agricultural Tenancy Act, 1949.

Facts necessary for disposal of the appeal, in short, are that the present appellant as pre-emptor instituted Miscellaneous Case No.36 of 2010 before the Joint District Judge, 1st Court, Madaripur for pre-emption of the case land under section 24 of the Non- Agricultural Tenancy Act, 1949 contending inter-alia that the suit property appertaining to S. A. Khatian Nos. 179 and 349, corresponding to R. S. Khatian Nos. 245 and 625 originally belonged to Ofazuddin Bepary, Afazuddin Bepary, Jamir Bepary, Jahura Bibi daughter of Afiluddin and Chutu Bibi daughter of Anaruddin. Ofazuddin Bepary transferred .74 acres of land to Sujai Hawlader (the applicant’s father), A. Rashid Akon and A. Quader Akon by registered deed No.3012 dated 25.04.1953. Afazuddin Bepary died leaving behind two sons A. Latif and A. Samad and S. A. Khatian Nos. 179 and 349 were prepared in their names. A. Samad Bepary transferred .14 acres of land to Muhammad Sujai Hawlader and Kali Hawlader by registered deed No. 1134 dated 06.03.1963. S.A. 179 and 349 recorded owner Jahura Bibi died

leaving behind three sons namely Arefin Hawlader, Nazem Hawlader and Ajahar Hawlader and one daughter Majhu Bibi. Ajhar Hawlader died leaving behind two sons namely Motaleb Hawlader and Abu Taleb Hawlader, who transferred .39 acres of land from both the khatians to Sujai @ Sujaruddin Hawlader and Kalachan Hawlader by registered deed No.2850 dated 28.03.1970. R. S. recorded owner namely Baru Bibi died leaving behind one daughter namely Jamiron and Sister Chutu Bibi, after the death of Maju Bibi her daughter Chutu Bibi and daughter in law Jamiron received her share and on 14.10.1970 the said Chutu Bibi and Jamiron sold .24 acres of land to Mujai Hawlader by registered deed No. 4893. The owner of both khatians Jamir Bepary died leaving behind one son namely Falan Bepary who transferred .25 acres of land to Sujaruddin Hawlader (the applicants father) and Kalachan Hawlader by registered deed No.1119 dated 05.03.1963. Abdur Rashid Akon and Abdul Quader Akon transferred .40 acres of land to the applicant and his two brothers Abul Hossain Hawlader (Vendor) and Eskander Hawladerby registered deed No.2795 dated 09.07.1966. Thereafter, Sujai @ Sujaruddin Hawlader died leaving

behind the pre-emptor applicant, vendor opposite party No.2 Abul Hussain and Eskander Ali Hawlader and they applied for mutation of .7446 acres in their names through mutation case No. IX-P- 30/2009-2010 and a separate Khatian bearing No .179/2 was opened. Owing to family dispute, the applicants brother Abul Hossain secretly transferred the suit property by registered deed No.3269 dated 15.10.2009 in consideration of Tk. 11,00,000/- to a stranger being pre-emptee opposite party No. 1 without giving notice to anyone. The deed was registered in the volume on 07.02.2010. The pre-emptor applicant having been aware from rumors as to the sale of the case property & got fully