ALHAJ MD. HARUN-UR RASHID Vs. RASHED HARUN

JUDGEMENT

(1.) This Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and order dated 13.02.2013 passed by the learned Joint District Judge, 2nd Court, Chittagong in Misc. (Pre-emption) Appeal No. 56 of 2010 allowing the appeal and setting-aside the judgment and order dated 24.02.2010 passed by the learned Senior Assistant Judge, 1st Court, Patiya, Chittagong in Pre-emption Misc. Case No.76 of 2005 disallowing the pre-emption should not be set aside.

(2.) The pre-emption case was filed on the averments that the pre-emptor is a co-sharer in the disputed holding by inheritance and as such he is entitled to pre-emption. The case was resisted by the pre-emptee petitioner on the ground that pre-emptee purchaser is not a stranger to the case jote inasmuch as he has many land surrounding the case land. It has been also contented that the pre-emptor-opposite party is not a co-sharer at all and as such the case is liable to be dismissed.

(3.) The pre-emptor-opposite party No.1, examined 3 witnesses including himself as P.W.1 and the pre-emptee petitioner examined 2 witnesses including herself as O.P.W.1 to prove their respective cases.