MONZUR RAHMAN KHAN Vs. MST. TAHERA PARVIN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29th July, 1993 passed by the High Court Division in Civil Revision No. 492 of 1986.

(2.) The appellant as petitioner filed an application under section 24 of the Non-Agricultural Tenancy Act, 1949 being Misc. Case No. 116 of 1982 before the Subordinate Judge, Sirajgonj for pre-emption of two decimals of land. The respondent No. 1 opposed the said petition by filing a written objection. The appellant examined 4 P. Ws. In support of his case whereas the respondent No. 1 examined one witness in support of her case. The learned Subordinate Judge by his judgment and order dated 27.6.86 allowed the pre-emption case. Being aggrieved by the aforesaid judgment and order the respondent No. 1 preferred Misc. Appeal No. 51 of 1985. The learned District Judge, Sirajgonj by his judgment and order dated 24.8.88 dismissed the appeal. Being aggrieved by the aforesaid decision of the court of appeal below the respondent No. 1 as petitioner filed Civil Revision No. 492 of 1986 before the High Court Division, who by its judgment and order dated 29.7.93 made the Rule absolute.

(3.) Being aggrieved by the aforesaid judgment and order dated 29.7.93 the present appellant as petitioner filed Civil Petition No. 517 of 1993 and obtained leave to consider whether the alleged Heba deed in favour of plaintiff respondent No. 1 was acted upon and the same was created to defeat the right of pre-emption of the appellant. Secondly, whether the pre-emtee was a co-sharer in the holding otherwise than by purchase, and the pre-emtion proceeding would fail as it sought for a partition of the holding in respect which pre-emtee happened to be co-sharer by heba.