JARINA BEGUM Vs. MD. OSMAN GANI

JUDGEMENT

(1.) This Rule was issued calling upon the opposite party Nos. 1-3 to show cause as to why the judgment and order dated 26.02.2007 passed by the learned Additional District Judge, First Court, Chittagong in Miscellaneous Appeal No. 08 of 2006 affirming the judgment and order dated 27.11.2005 passed by the learned Senior Assistant Judge, Satkania, Chittagong in Miscellaneous Case No. 16 of 2002, should not be set-aside and to pass such other or further order or orders as to this Court may deem fit and proper.

(2.) Facts necessary for disposal of this Rule, in short, is that the petitioners as pre-emptors on 17.02.2002 filed Miscellaneous Case No. 16 of 2002 before the Court of Senior Assistant Judge, Satkania, Chittagong for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950, contending, inter alia, that the opposite-party No. 4 of the case transferred the case land in favour of the opposite- party Nos. 1-3 by registered kabala dated 30.08.2001 concerning case dag Nos. 3605 and 3606. The pre-emptors are the co-sharer of the holding so also they are contiguous land owners of the land under pre-emption. The pre-emptor on 15.12.2001 for the first time came to know about the transfer and after obtaining the certified copy of the kabala on 19.12.2001 filed the pre-emption case.

(3.) The opposite party Nos. 1-3 contested the case by filing written objection denying the material allegations made in the application and contended inter alia, that the pre-emptors are not co- sharer of the case holding nor they are contiguous land owners. It is the further case of the said opposite parties that the pre-emptors were approached before the sale took place and on their refusal to purchase, the pre-emptee-purchasers purchased the case land and as such, the case is hit by the principle of waiver, acquiescence and estoppel and accordingly prayed for dismissal of the pre-emption case.