MUHAMMAD ALI Vs. MRS. KHALEDA RAHMAN

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 8.5.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 1979 of 2000, making the Rule absolute and setting aside the judgment and order dated 6.3.2000, passed by the Additional District Judge, Second Court, in Miscellaneous Appeal No. 134 of 1999, allowing the same and reversing the judgment and order dated 20.5.1999, passed by the Senior Assistant Judge, First Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991.

(2.) The facts in short are that one Syed Mozammel Hossain was the owner of 18J/2 decimals of land in C.S. and S.A. Plot No. 841 and one decimal in C.S. and S.A. Plot No. 843. He transferred .0668 acres of land to one Rabeya Khatun by two registered deeds dated 24.10.1987 and 26.10.1987. After purchase, the said Rabeya Khatun mutated her name in respect of the aforesaid lands. She transferred the said land to the appellant- pre-emptor by a registered deed of Heba bil Ewaj on 28.1.1991. The aforesaid Syed Mozammel Hossain, respondent no.2, subsequently transferred another piece of land measuring 0.0878 acre, the case-land, in favour of one Khaleda Rahman, pre-emptee-respondent No.1, by a registered deed of sale dated 8.6.1991, without any notice to the appellant petitioner, The petitioner in due course, came to know about the transfer and thereafter filed a pre-emption case being Pre-emption Miscellaneous Case No. 80 of 1991 under section 24 of the Non-Agricultural Tenancy Act, 1949, contending inter alia, that the purchaser respondent No.1 is a stranger to the case-land while he is a co-sharer. The purchaser respondent No.1 (pre-emptee) contested the miscellaneous case contending inter alia that the case land was sold in her favour and that neither the pre-emptor nor his mother is a co-sharer in the case land, as such, he has got no right to pre-empt the case land.

(3.) During the pendency of the pre-emption case, the pre-emptee respondent no. 1 filed a suit being the Title Suit No. 131 of 1993 on 2.5.1993, in the Court of Assistant Judge, First Court, Dhaka, with the prayer for decree for declaration that the deed of Heba bel Ewaj dated 28.1.1991 executed and registered by Rabeya Khatun in favour of her son, the defendant-petitioner is null and void and for a further declaration that the pre-emptor and his mother are not co-sharers in respect of the case-land. Thereafter, the pre-emptee respondents filed an application on 11.7.93, praying for staying the further proceedings of the said Pre-emption Miscellaneous Case No. 80 of 1991, till the date of pre-emptory hearing of the above Title Suit No.131 of 1993, is fixed. But his prayer was rejected by the learned Assistant Judge by his order No. 37 dated 14.7.1993, as such, the respondent pre-emptee preferred a civil revision being Civil Revision No.2116 of 1993 and a Rule was issued on 1.8.1993 and all further proceedings of the pre-emption case was stayed till disposal of the said Rule. In the meantime, the aforesaid title suit was re-numbered as Title Suit No. 5 of 1995 on being transferred to the 4th Court of Additional Assistant Judge, Dhaka.