MD. ABDUL WAHAB Vs. ABDUL MOTALEB

JUDGEMENT

(1.) The petitioner (pre-emptee) seeks leave to appeal against the judgment and order dated 15-03-2006 passed by a Single Bench of the High Court Division in Civil Revision No.4966 of 2003 discharging the Rule and affirming the Order No. 142 dated 25-10-2003 passed by the learned Senior Assistant Judge, Sadar, Jhenidah in Miscellaneous Case No. 149 of 1988 allowing the application for delivery of possession.

(2.) The facts of the case, in short, are that the opposite-party No.1 as preemptor filed Miscellaneous Case No.149 of 1988 under Section 24 of the Non-Agricultural and Tenancy Act depositing 10% of the kabala money as compensation money against the pre-emptee-petitioner and others on 30-10-1988 for preemption of the case land measuring 3 decimals in case Plot No 193 as described in the schedule of the preemption petition. The case was allowed by the trial Court.

(3.) The pre-emptee hereinafter referred as petitioner filed Miscellaneous Appeal No. 48 of 1993 against the said judgment and order and the appeal was allowed reversing the trial court judgment. The pre-emptor hereinafter referred as opposite party No.1 preferred Civil Revision No. 8 of 1996 in the High Court Division against the judgment and order of the appellate court below and the rule was issued and made absolute setting aside the same. The petitioner preferred civil petition for leave to appeal before the Appellate Division against the judgment and order of the High Court Division which was rejected summarily.