ABDUL MOTALIB Vs. IMAN ALI MOLLAH

JUDGEMENT

(1.) The pre-emptor respondents instituted Miscellaneous Case No. 159 of 1976 for pre-emption under section 96 of the State Acquisition and Tenancy Act in the 6th Court of Munsif, Dhaka, resisted by the pre-emptee appellant on the ground, inter alia, of limitation. The trial Court allowed pre-emption, but the lower appellate Court refused pre-emption. Both the Courts held that the question of limitation did not arise. In revision a learned Single Judge of the High Court Division, Dhaka set aside the lower appellate Court's judgment in the absence of the pre-emptee appellant in Civil Revision Case No.616 of 1984 on 16.5.85. A Review Petition was also dismissed on 28.7.85.

(2.) Leave was granted to the pre-emptor appellant to consider whether notice of the Rule issued in the Civil Revisional Case was served upon the father of the appellant when the former was in death-bed resulting in the disposal of the revisional case in the absence of the appellant and without his knowledge.

(3.) Leave was also granted to consider whether the trial Court ignored the provision of law in holding that limitation would start from the date when me fact of registration was entered into the Registration Book.