MD. ABDUR RAHIM Vs. MD. AMIRUL ISLAM

JUDGEMENT

(1.) By this petition the petitioner seeks review of the judgment dated 17.05.2007 passed in Civil Petition for Leave to Appeal No. 812 of 2004 dismissing the petition.

(2.) Short facts are that the pre-emptor filed Miscellaneous Case No.109 of 1996 under section 96 of the State Acquisition and Tenancy Act in the First Court of Subordinate Judge (now Joint District Judge), Rajshahi claiming pre-emption of the case land stating, inter alia, that the pre-emptor is a co-sharer in the case land by purchase and the opposite party Nos. 2 and 3 sold the case land by kabala dated 30.07.1996 to opposite party No.1 (pre-emptee) who is a stranger and the preemption case was filed on 10.10.1996 that is within time.

(3.) The pre-emptee contested the case by filing written objection denying the material allegations made in the miscellaneous application and contended that the pre-emptor did not deposit the total consideration money and the pre-emptee made improvement of the case land by investing huge money.