IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

Civil Revision No.2803 of 2014

Md. Sultan Sikdar and another

------ Pre-emptee-Appellant-Petitioners

=Versus=

Md. Shamsul Alam and others

---- Pre-emptor-Respondent-Opposite Parties

Mr. Md. Golam Nabi, with

Mr. Sanowar Rahman, Advocates

----For the Pre-emptee-Appellant-Petitioners Mr. Rehan Hossain, with

Ms. Asma Akhter, Advocates

-- For the Pre-emptor-Respondent-Opposite Party No.1.

Heard on 04.06.2017 and Judgment on 07.06.2017

At the instance of the Pre-emptee-appellant-petitioners, Md.

Sultan Sikder and another, this Rule has been issued HC j jÑ 1ew Aflf rl

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The relevant facts for disposal of the Rule inter-alia, are that the

present opposite party No.1 as the pre-emptor filed the Pre-emption

Miscellaneous Case No.3 of 2006 in the Court of learned Assistant

Judge, Deldoar, Tangail claiming right of pre-emption under Section 96 of the State Acquisition and Tenancy Act. The application for the said case contains that the land measuring 1.09 acres was originally owned by Bhanu Bibi, Baser Shikder, Noyez alias Nomez Uddin, Abdul Barek and Kulsum Bibi. The said Abdul Barek died leaving behind his son Md. Latif Mia who transferred 0.08 acres in favour of the present-pre-emptor, Md. Shamsul Alam, through a registered sale deed No. 3408 dated 10.01.2001 and he was in possession on 29.11.2005. One of the co- sharers of the said land sold 0.12 acres of land in favour of the present- pre-emptees Md. Sultan Siker and Milon Sikder by the pre-emptee- opposite party No.2 through a registered sale deed. The pre-emptee purchasers are the strangers and the case land is situated adjacent to the present opposite party. The present pre-emptor was not aware of the said deed thus the suit has been filed as soon as he could obtain a certified copy of the said deed.

The present pre-emptee as the other party contested the suit by filing a written objection, contending, inter-alia, that the suit is not maintainable under law. In fact, the pre-emptor knew about the transfer but he refused to purchase the case land from pre-emptee-opposite party No.2. After purchasing the same pre-emptee has been in possession by paying rent to the Government and by mutating the land-in-question and also recording a separate D.P. Khatian No. 82, Plot No. 207 in her own name. The pre-emptee-purchasers expended a huge amount of money upon the said case land by making high land from low land using earth and also by making tin shed thereupon.

After hearing the parties, the learned Assistant Judge, Deldoar, Tangail allowed the Miscellaneous Case by his judgment and order dated 07.07.2011. Being aggrieved the present-petitioners as the appellants preferred the Miscellaneous Appeal No. 59 of 2011 before the learned District Judge, Tangail which was heard by the learned Special District Judge, Tangail which is pending for hearing. In the said pending appeal, the present-petitioners filed an application under Order 26 Rule 9 of the Code of Civil Procedure to appoint an Advocate Commissioner for assessing the money spent for development of the case land. After hearing the parties said application was rejected by the learned appellate court below by his order dated 21.05.2014. This revisional application has been filed under Section 115(1) of the Code of Civil Procedure and the Rule was issued thereupon.

Mr. Golam Nabi, the learned advocate appearing with Mr. Sanowar Rahman submits that a local investigation to be made for the purpose of evaluating any matter in dispute or of ascertaining the market value of any property the court may appoint a commissio