AZIZUR RAHMAN Vs. BHAYETULLAHS

JUDGEMENT

(1.) This appeal by the pre-emptee, (since deceased and substituted by his heirs) following leave, arises out of a proceeding under Section 26F of the Bengal Tenancy Act and is directed against judgment and order dated 31st July 1980 passed by a Single Judge of the High Court Division in revision restoring those of the trial court allowing pre-emption. .

(2.) The disputed transfer took place by a kabala dated 24 January 1961. Respondents (husband and wife) filed the application for pre-emption on 24 January, 1974 being Misc. Case No. 18 of 1964 in the First Court of Munsif, Lakshmipur. Amongst others the application was resisted by the pre-emptee on the ground of limitation. The learned Munsif by judgment and order dated 14.9.67 rejected all the objections of the pre-emptee and allowed pre-emption. On appeal, however, the Subordinate Judge, Noakhali reversed the decision on the ground that the application for pre-emption was bad for defect of parties in that one of the co-sharers was not made a party in the proceeding.

(3.) Pre-emptor-respondent then went in revision before the High Court Division. The learned Judge by the impugned judgment and order held that the finding as to defect of parties was not sustainable and accordingly set aside the decision of the Subordinate Judge and restored that of the Munsif.