IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Mozibur Rahman Miah and

[ Mr. Justice Md. Bashir Ullah

Civil Revision No. 1452 of 2016

In the matter of:

An application under Section 115(1) of the Code of Civil Procedure, 1908

And

In the matter of:

Biswas Builders, represented by Alhaz Md. Nazrul Islam

---Pre-emptee-Petitioner.

-Versus-

Ruhidas Saha being dead, his heirs Promila Saha and others.

---Pre-emptors-Opposite parties.

Mr. J.K. Paul with

Mr. Liton Acharjeea, Advocates

---For the petitioner. Mr. Tapash Kumar Biswas, Advocate

--- For the opposite party Nos.1-5.

Heard on 14.05.2024 Judgment on: 20.05.2024

Md. Bashir Ullah, J

At the instance of the purchaser-pre-emptee in Pre-emption Miscellaneous Case No.47 of 2012 this Rule was issued calling upon the pre-emptor-opposite parties to show cause as to why the order No.21 dated 03.11.2015 passed by the learned Joint District Judge, 2nd Court, Dhaka in Pre-emption Miscellaneous Case No.47 of 2012 rejecting the application filed by the pre-emptee-petitioner under Order VII Rule 11 read with section 151 of the Code of Civil Procedure should not be set

aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

At the time of issuance of the Rule, the operation of the impugned order No.21 dated 03.11.2015 passed by the learned Joint District Judge, 2nd Court, Dhaka in Pre-emption Miscellaneous Case No.47 of 2012 was stayed for six months which was lastly extended on 05.02.2018 till disposal of the Rule.

Facts, relevant for the disposal of the Rule, in short, are that the Pre-emptor-opposite parties filed Pre-emption Miscellaneous Case No.47 of 2012 impleading pre-emptee-opposite party No.1 under Section 96 of the State Acquisition and Tenancy Act stating inter alia that the case land originally belonged to Noni Gopal Saha, Panchananda Saha, Sudarshan Saha, sons of Late Lalit Mohan Saha, Jatindra Mohan Saha, son of Late Mohan Chandra Saha, Nikhil Chandra Saha, Suvash Chandra Saha sons of late Rejendra Chandra Saha. On 16.09.1952 Noni Gogal Saha, Panchanon Saha and Sudarshan Saha transferred 3.65 acres of land through three registered deeds bearing Nos. 3894, 3895 and 3896, including 60 decimals of land from S.A. Plot No. 193 in favour of Joshada Lal Saha and delivered possession thereof. On 12.12.63 Jatindra Mohan Saha, Nikhil Chandra Saha and Subash Chandra Saha executed registered deed No. 3856 and 8666 for transferring 60 decimals of land from S.A. Plot No. 247 and R.S. Plot No. 706 including the land of other plots in favour of Joshoda Lal Saha and delivered possession thereof. In the above-mentioned way while Joshoda Lal had been owning and possessing the case land died leaving behind the pre-emptor-petitioners, Ruhidas Saha, Akil Chandra Saha, Haru Kumar Saha, Bongshi Badan Saha, Gour Chandra Saha and opposite party No.6, Narayan Chandra Saha. Thus, the pre-emptor-opposite parties and seller-opposite party No.6 owned the case land. The pre-emptors including seller have been jointly owning, and possessing