AKHLASUR RAHMAN Vs. SAFARULLAH

JUDGEMENT

(1.) This appeal by leave at the instance of the Pre-emptee-appellants arises out of a proceeding under section 96 of the State Acquisition and Tenancy Act, 1950 and is directed against the judgement and order dated 8 April, 1984 passed by a Single Judge of the High Court Division, Sylhet Bench in Civil Revision No. 55 of 1983 allowing pre-emption upon selling aside the concurrent decision of the courts below to the contrary.

(2.) Pre-emptor-respondent no.1 filed Misc. Case No. 37/80 in the 2nd Court of Munsif, Sadar, Sylhet for pre-emption of the case land transferred by respondents 2-4 to the appellants and another by a registered Kabala dated 10th Kartick 1383 B.S. corresponding to 27.10.76 for Tk. 6000/-, both as a co-sharer in the case holding and a contiguous owner to the case land. The appellants contested the Misc case, inter alia, on the ground that it was barred by estoppel, waiver and acquiescence as the pre-emptor himself assisted the vendors in selling the disputed land and encouraged the appellants to purchase the same.

(3.) The learned Munsif by Judgment and order dated 16.5.81 held that the pre-emptor was co-sharer in the case holding, that the Misc case was not bad for defect of parties, that it was not barred by limitation but it was barred by estoppel, waiver and acquiescence. Accordingly, the Misc case was dismissed. On appeal, the learned Additional Subordinate Judge, 1st Court, Sylhet, by judgment and order dated 1.9.82, affirmed the decision of the trial Court and dismissed the appeal.