MUNSHI MOHAMMAD FAZLUL HAQUE Vs. SALEH AHMED

JUDGEMENT

(1.) Delay of 151 days is condoned. This petition for leave to appeal directed against the judgment and order dated 15.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3768 of 1995 making the rule absolute.

(2.) Short facts are that the present respondent as pre-emptor filed Miscellaneous Case No. 87 of 1988 under section 96 of the State Acquisition and Tenancy Act in the Court of Assistant Judge, Lakshmipur for pre-emption of the case land transferred by a kabala deed dated 02.07.1988 in favour of the pre-emptee No. 1 who is a stranger purchaser and the pre-emptor is a co-sharer by inheritance and the case is within time.

(3.) The pre-emptee contested by filing written objection denying the material allegations made in the miscellaneous application and further contended that the pre-emptee is a co-sharer by purchase in the case holding.