AMJAD ALI Vs. DUD BANU

JUDGEMENT

(1.) This petition for leave to appeal at the instance of the preemptee petitioners is directed against the judgment and order dated 24.7.2006 of the High Court Division passed in Civil Revision No. 4744 of 2000 discharging the rule obtained against the judgment and order dated 17.7.2000 of the learned Subordinate Judge (now Joint District Judge), 2nd Court, Kishoregonj passed in Miscellaneous Appeal No. 61 of 1995 affirming those of dated 25.5.1995 passed by the learned Assistant Judge, Kuliarchar in Pre-emption Miscellaneous Case No.11 of 1994 allowing preemption.

(2.) Brief facts are that the Dud Banu, the preemptor respondent No.1, filed the above Miscellaneous Case No.11 of 1994 under section 96 the State Acquisition and Tenancy Act stating inter alia that she is a co-sharer of the case land by inheritance and her sister Nur Banu, the respondent No. 2/co-sharer, sold the case land to the pre-emptee petitioners by two kabalas dated 4.3.1993 without giving any notice to her and that she used to live in Brahmanbaria along with her husband and was not aware of the said transferes and in the first part of Chaitra 1400 B.S., she after coming to her paternal house for the first time found a dwelling hut on the case land and then on query came to know that the preemptee petitioners purchased the case land from Nur Banu by two kabalas.

(3.) The preemptee petitioners contested the case by filing joint written statements contending that the preemption case is not maintainable as against two sales two application for pre-emption, should have been filed and the pre-emption case is also barred by limitation as the pre-emptor was aware of the said transfers from the very beginning and that the pre-emptee petitioners with the consent of the pre-emptor filled up the case land and constructed the dwelling hut therein.