INDRAJIT KUNDU Vs. BEJOY KRISHNA KUNDA

JUDGEMENT

(1.) This appeal by the pre-emptor-appellant is against the judgment and order dated 17.2.92 passed by a learned Single Judge of the High Court Division making the Rule absolute in Civil Revision No. 81 of 1987 after setting aside the judgment and order dated 24.4.86 passed by the District Judge, Madaripur in Miscellaneous Appeal No. 66 of 1986, who in turn reversed the judgment and order dated 24.4.86 passed in Miscellaneous Case No.16 of 1985 by the learned Subordinate Judge, Shariatpur dismissing the application under Section 96 of the East Bengal State Acquisition and Tenancy Act.

(2.) The pre-emptor filed the case on 4.8.77 on the averments that vendor-respondent No.1 sold the land to respondent No. 2 by a kabala which was executed on 16.5.77 and registered on 14.11.77. The pre-emptor was a co-sharer and no notice of transfer was served on him and that he has filed the case for pre-emption within 4 (four) months from the date of knowledge and he has land which added with the land under pre-emption would not exceed 100 big has.

(3.) Respondent No.1 filed a written objection contending that the case is not maintainable in law and also bad for defect of parties inasmuch as many of the recorded co-sharers have not been made parties and that the property which was transferred by the kabala executed on 16.5.77 and registered on 14.11.77 has already been transferred to him by the respondent No. 5 on 18.2.78 on the basis of registered deed of agreement for reconveyance executed 16.5.77 and as such the appellants cannot claimed pre-emption.