In the Supreme Court of Bangladesh                 High Court Division

        (Civil Revisional Jurisdiction)

                       Present:

Mr. Justice Muhammad Abdul Hafiz

CIVIL REVISION NO. 2065 OF 2008

Md. Manik Mollah and others Pre-emptors-Appellants-Petitioners

Versus

Giasuddin and others Pre-emptees-Respondents-Opposite Parties

Mr. Md. Shibbir Ahmad, Advocate

for the pre-emptors-appellants-petitioners

Mr. Md. Mahbubur Rahman, Advocate for the pre-emptees-respondents-opposite  parties.

                             Judgment on 08.11.2022 This Rule was issued calling upon the opposite party Nos. 1-

5 to show cause as to why the impugned Judgment and Order dated 21.1.2008 passed by the learned Joint District Judge, 2nd Court, Jhalakathi in Miscellaneous Appeal No. 10 of 2005 dismissing the appeal and thereby affirming the Judgment and Order dated 30.11.2004 passed by the learned Senior Assistant Judge, Rajapur (in charge), Jhalakathi in Pre-emption Miscellaneous Case No. 14 of 2002 rejecting the pre-emption miscellaneous case should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

The petitioners as pre-emptors instituted Pre-emption Miscellaneous Case No. 14 of 2002 before the learned Senior

Assistant Judge, Kathalia, Jhalakathi under Section 96 of the State Acquisition and Tenancy Act, 1950 stating inter alia that the pre- emptors-petitioners are co-sharers of the case Jote by inheritance and by purchase. The pre-emptee-opposite party No. 2 is full brother of the pre-emptors-petitioners and without serving any notice upon the pre-emptors-petitioners sold the case land secretly to the stranger-pre-emptee-opposite party No. 1 vide registered deed  No. 1988 dated 30.12.2001. The pre-emptors-petitioners came to know aforesaid fact from Mahtab Ali Howlader on 3rd Baishakh of 1409 i.e. 16.4.2002 and after searching pre-emptors- petitioners collected the certified copy of the disputed deed No. 1988 on 29.4.2002 from the Sub-registry Office and thereafter the pre-emptors-petitioners filed pre-emption miscellaneous case on 20.5.2002.

The opposite party No. 1 as pre-emptee contested the pre- emption miscellaneous case by filing a written objection stating inter alia that the case is bad for defect of parties and the same is barred by limitation. So the case is liable to be disallowed with costs.

The learned Senior Assistant Judge, Rajapur (in charge), Jalakhathi rejected the Pre-emption Miscellaneous Case No. 14 of 2002 on 30.11.2004. Against the aforesaid judgment and order the pre-emptors as appellants preferred Miscellaneous Appeal No. 10

of 2005 before the learned District Judge, Jalakhathi which was transferred before the learned Joint District Judge, 2nd Court, Jhalakathi who dismissed the appeal and hence the pre-emptors- appellants as petitioners moved this application under section 115 (1) of the Code of Civil Procedure before this Court and obtained this Rule.

 Heard the learned Advocates for both the parties and

perused the record.

Admittedly, the pre-emptee-opposite party No. 1 purchased

the case land on 30.12.2001 vide registered deed No. 1988 dated 30.12.2001 and thus the pre-emptors instituted the Pre-emption Miscellaneous  Case No. 14 of 2002 before the  Trial Court on 20.5.2002. So, it is crystal clear that the instant case was filed out

of time and in this respect pre-emptor No. 3 as P.W. 1 stated in his deposition “1409 p¡­ml 3 l¡ ®~hn¡M c¢m­ml ¢hou j¡qa¡­hl ¢eLV nq£­cl ®j¡L¡¢hm¡u S¡e­a f¡¢lz” but the aforesaid Mahtab was not examined

before this Court. Accordingly, the pre-emptors-petitioners failed

to prove the date of knowledge. So the instant pre-emption case is

barred by limitation as the pre-emptors failed to prove when and

from whom the pre-emptors came to know about the sale of the

case land.

Considering facts and circumstances of the Case, I find no substance in this Rule.

In the result, the Rule is discharged without any order as

to costs.

The impugned Judgment and Order dated 21.1.2008 passed by the learned Joint District Judge, 2nd Court, Jhalakathi in Miscellaneous Appeal No. 10 of 2005 dismissing the appeal and thereby affirming the Judgment and Order dated 30.11.2004 passed by the learned Senior Assistant Judge, Rajapur (in charge), Jhalakathi in Pre-emption Miscellaneous Case No. 14 of 2002 rejecting the pre-emption miscellaneous case is hereby up-held.

Send down the lower Courts record with a copy of the Judgment to the Courts below at once.

BO-Monir