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