MD. MURTOZA ALI Vs. RENU BIBI @ SAIFUR NESSA

JUDGEMENT

(1.) These two petitions for leave to appeal Nos. 1055 and 1056 of 2006 are directed against the judgment and order dated 29.03.2006 passed by the High Court Division in Civil Revision Nos.1805 and 1806 of 1994 making the Rule absolute and reversing the judgment and order dated 14.02.1994 passed by the then learned Subordinate Judge, Artho Rin Adalat, Sylhet in Miscellaneous Appeal No.31 of 1993 (heard analogously with Miscellaneous Appeal No. 32 of 1993) reversing the judgment and order dated 08.03.1993 passed by the learned Senior Assistant Judge, Sadar Court, Sylhet in Miscellaneous Case No.19 of 1992 (heard analogously with Miscellaneous Case No.20 of 1992).

(2.) Both the petitions being disposed of by the same judgment and common questions of law and fact arising therein, the two leave petitions are disposed of by this single judgment.

(3.) The respondent No.1 as pre-emptor filed Miscellaneous Case being No.102 of 1980 in the Court of the then learned Munsif, Sadar Court, Sylhet and subsequently the cases was transferred to the Court of learned Assistant Judge, Sylhet and renumbered as 19 of 1992. The pre-emptor filed another Miscellaneous Case being No. 103 of 1980 and subsequently the case was renumbered as 20 of 1992.