IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

CIVIL REVISION NO. 2500 OF 2013

IN THE MATTER OF:

An application under section 115(1) of the Code of Civil Procedure. (Against Order)

-And-

IN THE MATTER OF:

Md. Abdus Satter Miah and another

--- Preemptee-Appellant-Petitioners. -Versus-

Most. Fatema Khatun and others

--- Preemptor-Opposite Parties. Mr. Md. Mahbubur Rahman with

Mr. Md. Kawser Ali, Advocates

--- For the Preemptee-Appellant-Petitioners. Mr. Humayun Kabir Sikder, Advocate

---For the Preemptor-Respondent- O. P. No. 1.

Heard on: 19.07.2023, 30.07.2023 and 07.08.2023.

Judgment on: 07.08.2023.

At the instance of the present preemptee-appellant- petitioners, Md. Abdus Satter Miah and another, this Rule was issued upon a revisional application filed under section 115(1) of the Code of Civil Procedure calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 02.04.2013 passed by the learned Joint District Judge, Court No. 1, Sirajgonj in the Miscellaneous Appeal No. 76 of

2011 disallowing the appeal and thereby affirming judgment and order dated 21.08.2011 passed by the learned Assistant Judge, Kamarkhand, Sirajgonj in the Miscellaneous Case No. 15 of 2007 (Preemption) allowed the application for preemption should not be set aside.

The relevant facts for disposal of this Rule, inter-alia, are that the present preemptor-respondent- opposite party No. 1 as the petitioner filed the Miscellaneous Case No. 15 of 2007 in the court of the learned Assistant Judge, Kamarkhand, Sirajgonj under section 96 of the State Acquisition & Tenancy Act, 1950 claiming a right of preemption upon the suit land described in the schedule of the plaint. The said petitioner claimed that the total land measuring 1.52 acres originally belonged to Entaz Mollah and Nuru Mollah. Nuru Mollah died leaving behind his heirs including his full brother Entaz Mollah and the R. S. Record was published in their names. Ziaton Bewa wife of Nuru Mollah died leaving behind 3 daughters who are the preemptors, namely, Fatema, Khodeza and Zobeda. The said Entaz Mollah died leaving behind 3 sons, namely, Amir Hossain, Babu and Saiful and 3 daughters, namely, Bulbuli, Chanu and Lebu Khatun and the land was subsequently transferred to the next successors, namely, Amir Hossain and Lebu Khatun. The preemptor is the co-sharer by inheritance in the said case jote ( S¡a) and she was never served with a notice for sale nor she was any knowledge thereabout the said purchasers are the strangers.

The said purchasers contested the said case by filing a written statement contending, inter alia, that the property was sold to them by the owner of the land being preemptee-seller- respondent No. 2. The preemptees constructed a homestead after filling the said land with earth and also running their business and they have spent in total Tk. 2,15,250/- (Two Lac Fifteen Thousand Two Hundred and Fifty) and these matters are admitted facts.

The learned Assistant Judge, Kamarkhand, Sirajgonj as the learned trial court heard the matter and allowed the preemptors right by the judgment and order dated 21.08.2011. Being aggrieved a miscellaneous appeal was preferred by the present preemptee-appellant-petitioners as being the Miscellaneous Appeal No. 76 of 2011 in the court of the learned District Judge, Sirajgonj which was subsequently sent to the learned Joint District Judge, Court No. 1, Sirajgonj for hearing who after hearing disallowed the appeal and thereby affirmed the judgment and order of the learned trial court by his judgment and order dated 02.04.2013.

Mr. Md. Mahbubur Rahman, the learned Advocate appearing along with the learned Advocate Mr. Md. Kawser Ali submits that the value of expenditure was decided by the learned trial court who upon receipt