JAFAR ALI Vs. HUSHIAR ALI

JUDGEMENT

(1.) This appeal by special leave by the pre-emptee is directed against the judgment of the High Court Division, Sylhet, in Civil Revision No. 1391 of 1978 discharging the Rule and upholding the orders of the Courts below arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1950.

(2.) The pre-emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor being a contiguous land holder is entitled to pre-empt the disputed kabala registered on 23.4.75.

(3.) The case of the pre-emptee is that, the case is barred by limitation as the same was not filed within 4 months from the date of knowledge.