JANAB ALI (MD.) Vs. SALEMA KHATUN
SUPREME COURT OF BANGLADESH
Janab Ali (Md.)
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SAN MOMINUR RAHMAN,J. -
(1.) Instant leave petition is directed against the judgment and order passed by a Single Bench of the High Court Division making the Rule issued in Civil Revision No.4578 of 2002 absolute setting aside the judgment and order passed in Miscellaneous Appeal No.58 of 2001 by the learned Joint District Judge, 3rd Court, Mymensingh, allowing the appeal and reversing those dated 20-5-2001 passed in Pre-emption Case No. 32 of 1999 by the learned Assistant Judge, Gouripur, Mymensingh, allowing the pre-emption.
(2.) The pre-emptee is the leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation depositing the deed value together with the compensation amount as per law and that the pre-emptee contested the case by filing written objection asserting, amongst others, that the case is bad for defect of party and that the pre-emptor-petitioner is not a co-sharer in the case jote and that the pre-emptee has developed the case land investing Taka 2000 and that the case land was purchased within the knowledge as well as in presence of the pre-emptor, showing the consideration amount at Taka 12,000 in the sale-deed, whereas, in fact, the pre-emptee paid Taka 16,000 as consideration money as fixed within the knowledge of the pre-emptor.
(3.) The trial Court framed as many as 8 issues, namely:
1. Is the case maintainable in its present form?
2. Is the case filed within limitation?
3. Is the plaintiff a co-sharer in the case jote?
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