ABDUL MALEK (MD) Vs. SANOWAR HOSSAIN

JUDGEMENT

(1.) This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 29-5-2003 passed by the Joint District Judge, 1st Court, Tangail in Miscellaneous Appeal No. 56 of 2002 reversing those dated 29-5-2002 passed by the Court of Senior Assistant Judge, Tangail in Miscellaneous (preemption) Case No. 93 of 1999 dismissing the case should not be set aside.

(2.) The Rule is opposed on behalf of the opposite party No. 1

(3.) The opposite party No. 1 (pre-emptor) filed pre-emption Miscellaneous Case No. 93 of 1999 against the petitioners and others under section 96 of the State Acquisition and Tenancy Act, 1950 (subsequently converted under section 24 of the Non-Agricultural Tenancy Act, (1949) in the Court of Senior Assistant Judge, Tangail. His case, in short, is that the old plot No. 532 and the present plot No. 562 measuring an area of 0.35 acres appertaining to the old SA Khatian No. 233 and the new Khatian No. 113 of Mouza Shontesh, Police Station and District Tangail belonged to one Kangal Chandra Denajir. However, after the death of Kangal Chandra Denajir his only son Roma Charan Dey became the owner-in-possession of the case plot by way of inheritance. Subsequently, on 28-51956 Roma Charan Dey transferred the said plot in favour of one Girish Chandra Sarkar. On 4-4-1985 Girish Chandra Sarkar sold 0.20 acres from the eastern side of the case plot to his son Gopal Chandra Dey. On 30-12-1990 Girish Chandra Sarkar transferred the remaining 0.15 acres of the case plot to one Md. Joshon Ali and Monowara Begum. On 30-6-1991 Gopal Chandra Dey sold the said 0.20 acres to one Md. Abdul Hye and Noor Jahan Begum. On 9-6-1993 Abdul Hye and Noor Jahan Begum transferred the 0.20 acres to the pre-emptor Sanowar Hossain and, as such, the pre-emptor is a co-sharer in the case plot by way of purchase. The pre-emptor has been owning and possessing the 0.20 acres by erecting houses thereon. Be that as it may, on 20-12-1998 the opposite party Nos. 2 and 3 transferred the aforementioned 0.15 acres to the pre-emptee-petitioners behind the back and without the knowledge of the pre-emptor. The pre-emptee-petitioners are strangers to the case plot. They are not co-sharers in the land and no notice of sale was served upon the pre-emptor. The sale deed with reference to the land under pre-emption was entered in the Volume concerned on 12-7-1999 and the pre-emption Miscellaneous case was filed on 18-10-1991 within the statutory period of limitation. That being so the pre-emptor opposite party No. 1 is entitled to get the case land by way of pre-emption.