SHABAJAN MOLLA Vs. AKBAR HOSSAIN

JUDGEMENT

(1.) The two second appeals being S.A. No.36 of 1984 and S.A. No. 37 of 1984 have been heard together.

(2.) The facts of the case, briefly, are as follows:

(3.) The respondent No.1 in S.A. No.36 of 1984 (Akbar Hossain) as plaintiff filed title suit No.18 of 1975 which was subsequently re-numbered as title suit No. 71 of 1981 before the learned Trial Court concerned against the appellant in both the second appeals and against one Abdul Aziz. In such suit the respondent No.1 prayed for a decree for pre-emption of the 17 gondas, 3 karas and 1 kranti share of the appellant in both the second appeals, that is, Sk. Shabajan Molla in respect of the premises No. 7A, Tiljala Lane (Eastern Portion), now numbered as 7C, Tiljala Lane, P.S. Karaya, District 24-paraganas which was sold by the said Abdul Aziz to the said Sk. Shabajan Molla. The case of the said Akbar Hossain was that the said Akbar Hossain and Abdul Aziz were co-shares in premises No. 7A, Tiljala Lane in which the said Abdul Aziz had only 17 gondas, 3 karas and 1 kranti and the said Akbar Hossain was the owner of the remaining lion's share in the suit premises but the said Abdul Aziz sold his aforesaid undivided share to the Sk. Shabajan Molla by a registered deed of sale in which the said Akbar Hossain had no consent and on receiving information of completion of the said sale on 9.1.1975 from one Md. Anis the said Akbar Hossain had at once declared his intention to assert his right of pre-emption by uttering, I do claim my shuffa and with the least practicable delay the said Akbar Hossain affirmed his intention, referring expressly to the fact that 'talab-in-mowasibat' had already been made, made a formal demand on the premises which were subject of sale, in presence of two witnesses, who were very close neighbours of Akbar Hossain.