LALA GHAND SARDER Vs. ABDUL HUQ

JUDGEMENT

(1.) This application at the instance of the petitioner is directed against the judgment an order dated 11.12.2005 passed by the High Court Division in Civil Rule No. 398(R) of 1994 discharging the Rule affirming the judgment and order passed by the High Court Division in Civil Revision No. 230 of 1987.

(2.) The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for pre-emption in respective of 164 acres of land. Their case is that they are co-sharers in the properties of schedule Nos. 1 and 2 as heirs of their father and contiguous owners of schedule No. 3 property as heirs of their father who is owner of plot Nos. 94, 95, 96, 104, 101 and 102, purchased the said 1.46 acres of land from the vendor respondent No. 3 by registered sale deed dated 04.08.1983 at a consideration of Tk. 2000.00. After coming to know about the sale the respondent No. 2 filed the case on deposit of the consideration with statutory compensation.

(3.) The petitioner contested the case by filing a "written objection denying the material allegation stating, inter alia, that the case holdings recorded in R.S. Khatian Nos. 47, 31 and 153 in the names of Haralal Ghose, Priollal Ghose, Jatindra Lal Ghose and Surendra Lal Ghose who entered into an agreement with the petitioner on 27.02.1965 to sell their 8 annas share of the said property of the said holding; that they having failed to amicably settle to execute and register the kabala in favour of the petitioner, the petitioner filed Title Suit No. 232 of 1970 in the Court of Madaripur for Specific Performance of contract and the suit was decreed up to the appellate Court and accordingly, the petitioner obtained a registered kabala in execution of the said decree, that father of the pre-emptors did not get any land in these case holding by his alleged purchase and as such, the pre-emptor respondents were not co-sharers in the said holdings of property Nos.1 and 2; that the petitioner improved the case land by cutting earth worth Tk.10,000.00 and constructed huts, raise garden and residing there; that the present value of the case land would be Tk. 50,000.00 so the case was not maintainable without depositing of increased value of the land and costs of improvement and the trial Court by judgment and order dated 28.11.1985 allowed the pre-emption in respect of property Nos.1 and 2 and disallowed the prayer for pre-emption against the property No.3.