MUKTAR HOSSAIN Vs. A MATIN SARKER

JUDGEMENT

(1.) The pre-emptors obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and order dated 8-7-2002 passed by Joint District Judge, Court No. 1 at Munshiganj in Miscellaneous Appeal No. 58 of 2000, which affirmed the order of the trial Court dismissing the prayer for preemption.

(2.) Petitioners made an application under section 96 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for preemption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(Cha) and opposite party No. 5 to opposite party Nos. 1 to 3 by a deed of sale dated 8-4-1999.

(3.) Opposite party Nos. 1 to 3 opposed the application by filing a written objection contending that the prayer for preemption was prohibited under section 96(10)(d) of the State Acquisition and Tenancy Act, 1950 since the transfer was, in fact, a mortgage as the opposite party Nos. 1 to 3 on the same date of impugned deed of sale executed an agreement agreeing to reconvey the land if the vendors would return back the price money within five years.