ABDUL MANNAN Vs. MD. SOHRAB HOSSAIN

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 08.08.2008 passed by the High Court Division in Civil Revision No. 2920 of 2002 discharging the Rule.

(2.) Short facts are that the pre-emptor filed Miscellaneous Case No. 4 of 1998 in the Court of Senior Assistant Judge, Mathbaria, Pirojpur under Section 96 of the State Acquisition and Tenancy Act for pre-emption of the case land as described in the schedule of the Miscellaneous Petition stating, inter alia, that he is a co-sharer of the case land by purchase vide kabala dated 29.05.1973 and the pre-emptee is a stranger purchaser. The seller sold the case land by impugned kabala dated 17.12.1997 to the pre-emptee beyond his knowledge and without serving any notice upon him. He came to know of the impugned kabala on 05.01.1998 and after obtaining the certified copy of the same filed the case under Section 96 of the State Acquisition and Tenancy Act.

(3.) The pre-emptee contested the case by filing written objections denying the material allegations made in the miscellaneous application and stated that the case under Section 96 of the State Acquisition and Tenancy Act is not maintainable since the case land is within Municipal Area and the case is barred by limitation and is also bad for defect of parties. The further case of the pre-emptee is that he purchased the case land from the seller within the knowledge of the pre-emptor and took possession of the same and got his name mutated by creating a separate holding and also erected dwelling house in the case land as per plan approved by Mathbaria Pourashava, dug a pond and also made other development works at a costs of taka over one lac and has been living in the said dwelling house with other members of his family by paying rents and taxes to the Municipality and also by running a shop therein.