Present:-

Mr. Justice Mahmudul Hoque

Civil Revision No. 607 of 2004

Mohiuddin Ahammad and another

... Petitioners -Versus-

Md. Daulat Miah and others

...Opposite-Parties

Ms. Syeda Nasrin with

Mr. Md. Razu Howlader Palash,

Mr. Bibek Chandra,

Mr. Saddam Hossain,

Mr. Golam Kibria,

Mr. Khandokar Sultan Ahmed,

Ms. Jannatul Islam Peya and

Mr. Murad Hossain, Advocates

...For the Petitioners Mr. Mohammad Ali Azam, Advocate

...For the Opposite-Party No. 1.

Judgment on 13rd November, 2024.

On an application under Section 115(1) of the Code of Civil Procedure this Rule was issued at the instance of the petitioners calling upon the opposite party No.1 to show cause as to why the judgment and order dated 24.11.2003 passed by the learned Additional District Judge, 2nd Court, Kishoreganj in Miscellaneous Appeal No. 17 of 1998 allowing the appeal and thereby reversing the judgment and order dated 21.07.1998 passed by the learned Senior Assistant Judge, Bajitpur, Kishoreganj in Pre-emption Case No. 05 of 1996 dismissing the case should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

Shorn of unnecessary details, fact of the case lies in a very narrow compus. The opposite party No. 1, as pre-emptor, instituted Pre-emption Case No. 05 of 1996 in the Court of Senior Assistant Judge, Bajitpur, Kishoreganj against the present petitioner, as pre- emptee, praying for pre-emption of the case property stating that the property belonged to opposite-party No. 2, Mina Begum from whom the petitioner by a Registered Deed No. 5960 dated 23.11.1992 and Deed No. 3172 dated 25.07.1994 purchased a portion of the property measuring 8 sataks of land, on the extreme south, running from east to west. After purchase, he got his name mutated in the khatian by separation of jama, constructed a pucca house thereon providing other facilities and residing therein with his family. Mina Begum subsequently, sold 4 sataks of land to the pre-emptee by a Registered Deed No. 207 dated 15.01.1996 without offering the same to the pre-emptor. The pre-emptor claimed that he somehow, came to know about the transfer and obtained true copy of the sale deed from concerned Registry Office, and after obtaining the same finally came to know that the opposite- party No. 2 sold out 4 sataks of land to the petitioner-pre-emptee without knowledge of the opposite-party No. 1-pre-emptor. Had the owner Mina Begum asked the opposite-party No. 1 to purchase the property he would have purchased the same for his convenience of possession and enjoyment as a co-sharer in the land by purchase, as such, filed the present case for pre-emption of the property by depositing consideration money along with other incidental costs thereto.

The petitioner pre-emptee contested the case by filing written objection denying all the allegations made in the application contending, inter alia, that Mina Begum as owner of the property for the first time asked the pre-emptor to purchase the same at the market price, but he refused to purchase the same, then Mina Begum and her husband along with other local people including local commissioner requested the pre-emptee to see the pre-emptor and convince to him to purchase the property. On the request of the owner of the property the pre-emptee himself along with others went to the pre-emptor and asked him to purchase the property

from Mina Begum, but the pre-emptor did not agree to purchase the same at the market price, rather he told the pre-emptee and the vendor that he will purchase the property if the price of the same is fixed at the lower rate he purchased earlier; otherwise, to sell out the property to any other persons and in that case he will have no objection. Thereafter, the owner of the property proposed the pre- emptee to purchase the same at the market price and the pre-emptee purchased the same with the knowledge of the pre-empt