KORBAN ALI KHAN (MD) Vs. ASALAT KHAN

JUDGEMENT

(1.) This Rule is directed against the judgment and order dated 12-11-1991 passed by the Subordinate Judge, 2nd Court, Dhaka in Miscellaneous Appeal No. 100 of 1990 affirming the judgment and order dated 28-3-1990 passed by the Assistant Judge, Keraniganj, Dhaka in Miscellaneous Case No. 11 of 1988.

(2.) The facts, in short, are that the opposite party Nos. 1 and 2 being the pre-emptors filed Miscellaneous (Pre-emption) Case No. 11 of 1988 in the Court of the Assistant Judge, Keraniganj, Dhaka impleading the petitioners as pre-emptees and opposite party Nos. 3-14 as other opposite parties, praying for pre-emption of the Case land under section 24 of the Non-Agricultural Tenancy Act alleging, inter alia, that the Case land appertaining to CS plot No. 934 measuring an area 10-1/2 decimals out of 0.42 decimals originally belonged to one Rustan Khan and Mulfat Khan in equal shares, that Rustan Khan died leaving behind 2 sons Tozammel and Hafiz Khan who subsequently died leaving the pre-emptors as their heirs and accordingly, the pre-emptors are co-sharers in the Case land by inheritance. The opposite party No. 3 Md. Musab Khan transferred the Case land to the pre-emptees by a kabala dated 4-2-1998 at a total consideration of Taka 20,000.00 and pre-emptors accordingly, filed the Case for pre-emption of the Case land upon deposit of compensation money at the rate of five per centum of the consideration money.

(3.) The pre-emptees contested the Case by filing a written objection contending that the Case is not maintainable and the same is bad for defect of parties. The pre-emptees also claimed that the Case is barred by limitation, the pre-emptee further alleged that Md Musab Khan transferred the Case land on 4-2-88 to the pre-emptees to the knowledge of the pre-emptors and delivered possession of the Case land in favour of the pre-emptees and that the pre-emptees erected dochala tin shed measuring 17 cubits in length and 8 cubits in breadth and planted various trees at a cost of Taka 30,000.00. The pre emptees also claimed that the pre-emptee No. 5 is a co-sharer in the Case land and, as such, the pre-emption Case that was filed against a co-sharer by inheritance is not maintainable.