IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

CIVIL REVISION NO. 443 OF 2010

IN THE MATTER OF:

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

(Against Order)

-And-

IN THE MATTER OF:

Md. Ansar Ali and another

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

Md. Jahir Hossain and another

---Preemptor-Respondent-Opposite Parties.

Mr. Syed Mohammad Jabed Parvez, Advocate

--- For the Preemptee-Petitioners. Mr. A. S. M. Khalequzzaman, Advocate

---For the Preemptor-Opposite Parties.

Heard on: 30.04.2023 and 03.05.2023. Judgment on: 16.05.2023.

At the instance of the present preemptee-appellant- petitioners, Md. Ansar Ali 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 parties to show cause as to why the judgment and order complained of in the petition moved in Court today should not be set aside.

The relevant facts for disposal of this Rule, inter-alia, are that the present preemptor- respondent- opposite parties, Md. Jahir Hossain and another as the applicants-preemptors filed the Miscellaneous Case No. 29 of 2006 in the Court of the learned Assistant Judge, Court No. 2 (Peergacha), District- Rangpur claiming right of preemption under the provision of law. The application for preemption contains that the suit land originally belonged to Gour Chandra Das who died leaving behind his daughter Porosh Moni thereafter transferred the land measuring 33 decimals of land to Aezuddin and also land measuring 33 decimals transferred to Nobin and Nimai. The said Aezuddin’s land transferred to his 4 sons, namely, Nurul Islam, Nazrul Islam, Abdul Matin and Shamsul Haque by registering Heba-Bill-Ewaz on 24.06.1978. Nazrul Islam and Shamsul Haque sold 11 decimals of land to Ashma Khatun and Nurul Islam by registering sale deed No. 6722 dated 16.02.1987. Ashma Khatun and Nurul Islam sold 10.75 decimals of land to the preemptors. In the meantime, Nurul Islam son of Aezuddin sold 10.50 decimals of land to one another Nurul Islam son of Golam Uddin. The said Nurul Islam and his wife Ashma Khatun preemptee Nos. 3 and 4 sold 10.75 decimals of land to the preemptee- petitioner Nos. 1 and 2 by registering deed No. 9871 dated 30.11.2008 without serving any notice to the preemptors. However, the preemptors came to know about itself on 29.08.2006 and after obtaining a certified copy of the said sale deed filed this case.

The preemptee- petitioner Nos. 1 and 2 as the opposite parties contested the suit by filing a written objection stating that the preemtors are entitled to purchase the land at the cost by fixing Tk. 23,500/- (twenty-three thousand and five hundred) but they could not arrange the required money. The preemptees subsequently registered a sale deed thereafter without giving any notice to the preemptors.

The learned Assistant Judge, Court No. 2 (Peergacha), Rangpur heard the case and came to a decision to allow the preemption case in favour of the preemptors. Being aggrieved the present preemptee-petitioners preferred the Miscellaneous Appeal No. 44 of 2009 in the court of the learned District Judge, Rangpur who after hearing the parties dismissed the appeal on 27.08.2009 on the ground of of limitation. This revisional application has been filed under section 115(1) of the Code of

Civil Procedure challenging the legality of the impugned judgment and order and the Rule was issued thereupon.

Mr. Syed Mohammed Jabed Parvez, the learned Advocate appearing for the preemptee- appellant- petitioners submits that the learned appellate court below has committed a serious error of law in not considering that the delay of 244 days was explained properly and occasioned a failure of justice.

He further submit