GOLAM MOSTAFA Vs. BEGUM ROKEYA KHANDAKER
LAWS(BANG)-2001-1-2
SUPREME COURT OF BANGLADESH
Decided on January 08,2001

Golam Mostafa Appellant
VERSUS
Begum Rokeya Khandaker Respondents

JUDGEMENT

A.K.BADRUL HUQ,J. - (1.) The propriety and legality of concurrent decisions recorded by Courts below have been called in question by pre-emptee petitioner in invoking this Courts Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure.
(2.) Opposite party No.1 of this Civil Revision petition in the capacity of a co-sharer by inheritance as pre-emptor impleading petitioner as pre-emptee laid a Case being Miscellaneous Case No. 6 of 1986 in the Fourth Court of Munsif (now Assistant Judge Narayanganj under section 96 of the State Acquisition and Tenancy Act for an order of pre. emption with respect to land described in schedule to Miscellaneous Case. The said Miscellaneous Case was renumbered as Miscellaneous Case No.18 of 1990 on transfer to second Court of Senior Assistant Judge, Narayanganj. Pre-emptee-petitioner was a stranger to the case holding.
(3.) Petitioner of Civil Revision petition as pre-emptee resisted Miscellaneous Case on presentation in full agreement with the decision rendered by learned trial Judge of a written objection taking stand that pre-emption proceeding holding had been sub-divided and new Jama had been created in the name of seller opposite party No. 2 and also in the name of pre-emptee-petitioner and pre-emptor opposite party ceased to be a co-sharer in pre-emption proceeding;


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