TAYAB ALI Vs. MD. ATAUR RAHMAN

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment dated July 5, 2005 of a Single Bench of the High Court Division in Civil' Revision No.457 of 2004 making absolute the Rule obtained against the judgment dated August 31, 2003 of the 3rd Court of Additional District Judge, Sylhet, in Miscellaneous Appeal No.84 of 1997 dismissing the same and thereby affirming the judgment and order dated September 28, 1997 of the 1st Court of Subordinate Judge (now Joint District Judge) in charge, Sylhet in Miscellaneous Case No.39 of 1986 dismissing the same. The aforesaid Miscellaneous case was filed under Section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption of the sale that took place on September 15, 1979. The Miscellaneous Case was filed on January 28, 1985 averring that the pre-emptor had the initial knowledge about the same on October 10, 1984 and that upon obtaining the certified copy he had the definite knowledge on January 2, 1985.

(2.) The Miscellaneous case was filed stating, inter alia, that the shop shown in the schedule attached to the Miscellaneous petition is ejmali property of the pre-emptor and the opposite party Nos. 2-15 and the said property was never partitioned by metes and bounds, that one Md. Aftab Hussain, son of opposite party No.1 disclosed on October 10, 1984 about the sale of the property in question and on that date for the first time the pre-emptor came to know from said Md. Aftab Hussain that the opposite party No.1 purchased portion of the schedule shop from opposite party Nos.2-5 and thereupon pre-emptor obtained the certified copy of the kabala on January 2, 1985 and became sure that opposite party Nos. 2-5 had transferred the property shown in the schedule to opposite party No. 1 beyond the knowledge of the pre-emptor.

(3.) The prayer for pre-emption was opposed by the opposite party No. 1 alleging that the pre-emptor was aware of the transaction and that with an evil design pre-emptor has filed the Miscellaneous Case after lapse of 6 years making unfounded allegations.