MD. ABDUL MALEK Vs. MD. SANOWAR HOSSAIN

JUDGEMENT

(1.) The pre-emptee-petitioners seek leave to appeal against the judgment and order dated 21-01-2007 passed by the High Court Division in Civil Revision No.3107 of 2003 discharging the Rule affirming the judgment and order dated 29-05-2003 passed in Miscellaneous Appeal No.56 of 2002 by the First Court of the learned Joint District Judge, Tangail, allowing the appeal setting aside the judgment and order dated 29-05- 2002 passed in Preemption Case No.93 of 1999 of the Court of Senior Assistant Judge, Tangail, dismissing the same.

(2.) The respondent No.1 as preemptor filed Preemption Case No.93 of 1999 in the Court of Senior Assistant Judge, Tangail, against the petitioner Nos.1 and 2 as pre-emptor opposite-party Nos. 1 and 2 and respondent Nos. 2 and 3 as Vendor-opposite-party Nos.3 and 4 respectively under Section 96 of the State Acquisition and Tenancy Act, 1950 (subsequently converted under section 24 of the Non Agricultural Tenancy Act, 1949).

(3.) The case of the preemptor-respondent No.1, in brief, is that old Plot No. 352 and present Plot No. 562 measuring 0.35 decimals under old S. A. Khatian No. 233 and new Khatian No. 113, Mouza-Shontosh, Police Station and District-Tangail belonged to Kangal Chandra Denagir. After the death of said Kangal Chandra Denagir, his only son, Roma Choron Dey became owner of the property by inheritance. On 28-05-1956 by deed No.4660 Roma Choron Dey transferred the same that is 0.35 decimals of land to Girish Chandra Sarker. On 04-04-1985 by deed No. 4166 Girish Chandra sold 0.20 acres from the eastern side of the case plot to his son Gopal Chandra Dey and on 30-12-1990, the said Girish Chandra Sarker transferred the remaining 10.15 acres of the case plot to one Md. Joshon Ali and Monowara Begum, on 30-06-1991 Gopal Chandra Dey sold the said 0.20 acres of to one Md. Abdul Hye and Noor Jahan Begum. Thereafter, on 09-06-1993, Abdul Hye and Noor Jahan Begum transferred the 0.20 acres to the preemptor Sanowar Hossain and as such the preemptor is a co- sharer in the case plot by way of purchase. The preemptor has been owning and possessing the 0.20 acres of land by erection house thereon. Be that as it may, on 20-12-1998, the opposite-party Nos.2 and 3 transferred the aforementioned 0.15 acres to the pre-emptee petitioners behind the back and without the knowledge of the preemptor. The preempte-petitioners are strangers to the case plot. They are not co-sharers in the land and no notice of sale was served upon the preemptor. The sale deed with reference to the land under pre-emption was entered in the volume of the deed on 12-07-1999 as per provision of section 60 of the Registration Act. The preemptor obtained the certified copy of the deed on 18-10-1999 and came to know about the sale and the preemption case was filed on 18-10-1999 within the statutory period of limitation.