MOST. NURUN NAHAR BEGUM Vs. M. ABU MOHAMMAD

JUDGEMENT

(1.) This petition for Leave to Appeal, at the instance of the pre-emptee-petitioner, is directed against the judgment and order dated 23.02.2005 passed by the High Court Division in Civil Revision No. 1205 of 1994 making the Rule absolute setting aside the judgment and order dated 10.11.1993 passed by the learned District Judge, Sirajganj reversing those of dated 03.09.1990 passed by the Senior Assistant Judge, Raiganj in Pre-emption Case No. 18 of 1988.

(2.) The facts of the case in short are that the land appertaining to S.A. Khatian No. 358 of Mouza Dedpur, Upazila Raigonj, District-Sirajgonj admittedly belonged to Mozibar Rahman who died leaving behind 2 sons, the pre-emptee No. 3 and 4 and 5 daughters, the pre-emptee Nos. 2,5-8 and a widow, the pre-emptee No.9. Admittedly, the pre-emptors by different registered kabala deeds have purchased 0.56 decimals of land out of the suit holding from pre-emptee Nos. 2-9 and have become co-sharer by purchase. Further case of the pre-emptors is that the pre-emptee No.2 without any notice to the pre-emptors sold 0.07 decimals of land from Plot No.1358 and 04 decimals of land from another holding of Mouza Gobindapur in favour of pre-emptee No.1 by a kabala deed dated 5th Awsin, 1395 B.S. corresponding to 21.07.1988. The said kabala was rectified by another kabala dated 17.09.1988. The pre-emptee No.1 is a stranger purchaser to the holding. The fact of transfer was suppressed and that was disclosed by the pre-emptee No.1. Thereafter, the pre-emptor got the certified copy of the kabala on 15.10.1988 and filed the pre-emption case on 06.11.1988.

(3.) The pre-emption case was jointly contested by pre-emptee Nos.1 and 2 and by pre-emptee No.14 by filing separate written objection.