Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No. 1700 of 2018

Oli Ahammed

……………Petitioner.

-Versus-

Mossammat Anwara Begum and others ………….Opposite parties.

Mr. Ehata Samsul Karim, Advocate ……….For the petitioner.

None appears.

….. For the opposite parties.

Heard and judgment on 24th July, 2024.

A.K.M.Asaduzzaman,J.

This rule was issued calling upon the opposite parties to

show cause as to why the judgment and order dated 01.03.2018 passed by the District Judge, Chattagram in Miscellaneous Appeal No. 25 of 2017 reversing those dated 22.11.2004 passed by the Assistant Judge, Mirsari, Chattagram in Miscellaneous Case No. 16 of 2002 allowing the pre-emption should not be set aside.

Petitioner as pre-emptor filed Misc. Case No. 16 of 2002 before the Court of Assistant Judge, Mirsari, Chattagram for pre- emption against the opposite parties under section 96 of the State Acquisition and Tenancy Act, (S.A. & T. Act).

Plaint case in short, inter alia, is that quantum of land of the suit B.S. Dag No. 54 is total 173 decimals, which was recorded in the two B.S. khatian i.e. B.S. khatian No.166 and 158. B.S. khatian No. 166 was recorded in the name of the pet