MD. ABDUL KARIM Vs. MD. NURUL ISLAM

JUDGEMENT

(1.) This petition for leave to appeal has arisen out of the judgment and order dated 26.6.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 6589 of 2002 making the rule absolute thereby reversing the judgment and order dated 21.10.2002 passed by the Joint District Judge, 1st Court, Tangail in Miscellaneous Appeal No. 80 of 2001 allowing the appeal thereby reversing those dated 16.8.2001 passed by the Assistant Judge, Madhupur, Tangail in Pre-emption Miscellaneous Case No. 37 of 2000 allowing the Pre-emption.

(2.) The respondent No. 1 as pre-emptor filed pre-emption Case No. 37 of 2000 in the Court of the learned Assistant Judge, Madhupur, Tangail on 25.6.2000. The case of the pre-emptor respondent No.1 Md. Nurul Islam, in brief, is that the jote in C.S. Khatian No. 168, Plot No. 1326 along with other land in the said Khatian measuring 10-48 acres of land belonged to Loknath Coach. Loknath Coach died leaving behind two sons, Pagari Sankar Das and Mukta Ram Das, who inherited the lands of the Khatian and they sold the entire land to Raham Ali and Tomejuddin. Raham Ali and Tomejuddin sold 9.65 acres of land from the said Khatian to Jabed Ali Sarker (respondent's father) and Alimuddin. Thus Jabed Ali Sarkar and Alimuddin got 4.82 acres of land each and thereafter Alimuddin transferred 1.55 acres to Jabed Ali and thus Jabed Ali acquired title and possession over 6.08 acres of land. S.A. Khatian No. 270 was accordingly prepared in the name of Jabed Ali Sarker and others.

(3.) Jabed Ali Sarker transferred by a registered Heba-bil Ewaz deed dated 2.10.1968 to his two sons, pre-emptor respondent Md. Nurul Islam and Md. Abdul Majid lands measuring 19.60 acres from the suit plot and other plots also. Besides, Alimuddin sold .72 decimals of land to this respondent. In this way the pre-emp-tor respondent became co-sharer of the land in the case khatian by inheritance and also by purchase.