MD. SULDER ALI Vs. MD. RAHIM BAKSH

JUDGEMENT

(1.) This petition for leave to appeal at the instance of Md. Sulder Ali and another pre-emptee petitioner is directed against the judgment and order dated 10.04.2006 passed by the High Court Division in Civil Revision No. 6292 of 2002 discharging the Rule on contest.

(2.) The facts, in short, are that the pre-emptee petitioner No.1 challenged the judgment and other dated 12.10.2002 passed by learned Joint District Judge, 2nd Court, Kurigram in Miscellaneous Appeal No. 2 of 2000 affirming judgment and order dated 30.11.1999 passed by learned assistant Judge, Sadar Kurigram in miscellaneous Case No. 48 of 1996 allowing pre-emption.

(3.) The pre-emptor respondent No. 1 filed the miscellaneous Case No. 48 of 1996 in order to have the case land by way of preemption stating, inter alia, that he is a co-sharer tenant in the case land by inheritance. The respondent No. 2 (vendor) transferred the case land by a registered kabala dated 11.07.1996 for consideration of Tk. 40,000/-to the pre-emptee petitioners, pre-emptee No.1 is a stranger purchaser; no notice was served upon the pre-emptor. The pre-emptor first came to know about the transfer on 01.10.1996. The pre-emptor has only 8/10 bighas of land and if the pre-emptor gets the case land by way of pre-emption, his ceiling will not exceed.