Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Monday, December 17, 2018 10:04:50 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Right of co-sharer not deniable

By
18th-Nov-2017       
Comments
Share your thought
Post a comment »
Read all () »

Appellate Division :
(Civil)
Md Abdul Wahhab Miah J
Md Nizamul Haq J
Judgment
January 3rd, 2017
Masum Ali (Md)
and others      ............. Petitioners
vs
Laynur Begum and others. ............Respondents
State Acquisition & Tenancy Act (XXVIII of 1951)
 Section 96
Nowhere in Section 96 of the Act, it has been stipulated that the right of a co-sharer as co-pre-emptor shall be denied or defeated if he comes late' with the prayer for preemption of the case land and similarly there is nothing in Section 96 to deny the right of a copreemptor on the ground of the decree of necessity. ..... (7)
Abdul Wadud Bhlliyan, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners.
AK Mujibur Rahman, Advocate, instructed by Md Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No.1
Not Represented-Respondent Nos. 2-40.
Judgment
Md Abdul Wahhab Miah J : This petition for leave to appeal has been filed against the judgment and order dated 2-6-2014 passed by a learned Judge of the Single Bench of the High Court Division in Civil Revision No. 1319 of 2011 discharging the Rule.
2. Short facts necessary to dispose this petition are that respondent No.1 as the preemptor filed Preemption Case No.22 of 2002 in the Court of Assistant Judge, Shahrasti, Chandpur under Section 96 of the State Acquisition and Tenancy Act, 1950 (the Act, 1950) for preemption of the case land claiming herself to be a co-sharer in the case holding by virtue of a deed at gift made by her father-in law, Abdul Gani Mistri on 23:11-1994. It appears that the present petitioner who was impleaded in the preemption application as opposite party No.38 filed an application to add him as a co-preemptor. Accordingly, he was added as a co-preemptor.
3. The trial Court by its order dated 31-1-2006 allowed the application for pre-emption in favour of the co-preemptor only on the ground that since he 'became a co-sharer prior to the original pre-emptor, so he alone was entitled to preempt the case land. Being aggrieved by and dissatisfied with the order of the trial Court, the pre-emptor filed Miscellaneous Appeal No.7 of 2006 before the District Judge, Chandpur. The learned Joint District Judge, Second Court, Chandpur by the judgment and order dated 511-2009 allowed the pre-emption application of the preemptur only on the view the that copreemptor came before the Court long after 3 (three) years and therefore, the case land was not at all necessary for him and that had he the necessity for the case land, he would have any filed the application for preemption. Against the judgment and order of the Appellate Court, the co-preemptor preferred the above mentioned civil revision before the High Court Division. A learned Judge of the Single Bench by the impugned judgment and order discharged the Rule concurring with the view taken by the Appellate Court; hence this petition for leave to appeal.
4. Heard Mr Abdul Wadud Bhuiyan, learned Advocate for the petitioner and Mr AK Mujibur Rahman, learned Advocate who entered caveat on behalf of the original-preem ptor-respondent.
5. We have perused the order of the trial Court, the judgment and order of the Appellate Court and the impugned judgment and order. Admittedly both the preemptor and the copreemptor are co-sharers in the case holding. The original preemptor became co-sharer by virtue of the Heba made by Abdul Gani Mistri on 23-11-1994 whereas, the co-preemptor became the co-sharer by virtue of his purchase by the kabalas in 1992, 1994 and 1999. So far as the Appellate Court is concerned, as stated earlier, it refused to allow the prayer for preemption of co-preemptor on the ground that he came late to be the co-preemptor i.e. after 3 (three) years, so he had no necessity for the case land and that had he any necessity for the case land, he would have filed the preemption application.
6. Mr Wadud Bhuiyan has drawn our attention to the application of the co-preemptor filed before the trial Court from where it appears that he categorically stated that the case land was adjacent to his land and it was very much necessary for him.
7. In the context, we must state that nowhere in Section 96 of the Act, 1950 it has
been stipulated that the right of a co-sharer as co-preemptor shall be denied or defeated if he comes late with the prayer for preemption of ' the case land and similarly there is nothing in Section 96 to deny the right of a co-preemptor on the ground of the decree of necessity. Therefore, the Appellate Court and the High Court Division erred in law in refusing to allow the prayer for preemption of the co-preemptor.
8. Be that as it may, since both the parties, i.e. the original preemptor and the co-preemptor are co-sharers in the case holding, we are of the view that justice would be best served if their respective prayer for preemption of the case land is allowed in equal share. It is to be further noted that when opposite party No.38, the petitioner herein was added as a co-preemptor by no logic his right of preemption on the grounds as assigned by the Appellate Court and affirmed by the High Court Division can be denied. Since both the parties have been represented by their respective learned Counsel, we do not consider it necessary to give leave in this matter, because if leave is granted it may take another decade to dispose the appeal, but the ultimate result of the appeal shall be the same. Therefore, we are inclined to dispose this petition finally in a summary manner.
9. Accordingly, this petition is disposed in the following terms;
The order of the trial Court and the impugned judgment and order affirming those of the Appellate Court are set aside. The prayers for preemption of the original preemptor and the co-preemptor of the case land are allowed in equal share. The original preemptor shall be entitled to withdraw the money deposited by him in excess of his proportion.

Tariff
Add Rate

News Archive

Inside The New Nation

Cricket »

Sri Lanka 275-9 at stumps on day 1, 1st Test vs New Zealand


AP, New Zealand :Tim Southee took 5-67 as New Zealand exploited an influential toss to contain Sri Lanka to 275-9 Saturday on the first day of the first cricket Test at the Basin Reserve.A late unbeaten half century by wicketkeeper Niroshan Dickwella helped swing the day a little in Sri ...

Football »

Salah retains BBC African Footballer of the Year award


Liverpool and Egypt striker Mohamed Salah has capped a sparkling 2018 for club and country by winning the prestigious BBC African Footballer of the Year Award for the second time in a row."It's a great feeling to win again. I'm happy and I would like to win it also next ...

Entertainment »

Soundarya Sharma is going to have an exceptional time this festive season


Actress Soundarya Sharma who made her stellar debut in Ranchi Diaries, a Comedy thriller film, and got a thumbs up from the critics and audience and awarded as the ‘Best Debutante’ at Jharkhand international film festival 2018. She was nominated for the ‘Best Female Debutante’ by Zee Cine Awards 2018 ...

Entertainment »

Ishana in four plays under same director’s direction


Sheikh Arif Bulbon :Popular TV actress of present time Ishana Khan has worked in four faction plays under same director's direction. She has finished shooting of these four plays under Satirtho Rahman Rubel’s direction. Shooting of these plays took place in Darjeeling from November last week to December first week. ...

Editorial »

No room for self-satisfaction, success needed in other fields too


THE nation celebrates the 48th Victory Day today amid festivity. Today, the nation will remember its glorious historical achievement earned through a nine-month war against Pakistan Occupation Forces in 1971. The nation will recall today, Bangladesh was born as an independent country under the leadership of Father of the Nation ...

International »

Australia recognises west Jerusalem as capital of Israel


Australia now recognises west Jerusalem as Israel's capital, Prime Minister Scott Morrison said Saturday, but a contentious embassy shift from Tel Aviv will not occur until a peace settlement is achieved.Canberra became one of just a few governments around the world to follow US President Donald Trump's lead and recognise ...

International »

Trump taps budget head Mulvaney as acting chief of staff


Donald Trump announced Friday that his budget director Mick Mulvaney will step in as acting chief of staff to replace John Kelly - amid indications the president is struggling to fill the key post.Trump, whose presidency is increasingly embroiled in legal troubles, announced earlier this month that Kelly, a former ...

City »

BNP candidate of Dhaka-8 constituency Mirza Abbas speaking at a prèss conference at his residence in the city on Saturday in protest against attack on his electioneering in the city's Segunbagicha area.


Entertainment »

Mim`s new movie Thai Curry


Sheikh Arif Bulbon :End of this year is becoming something new for the National Film Award winner actress Bidya Sinha Saha Mim. At the end of this year, she has started shooting of a new movie. Now she is staying in Bangkok to take part in shooting of the movie. ...

Business & Economy »

In presence of Mohammed Monirul Moula, AMD of Islami Bank Bangladesh Limited, Abu Reza Md. Yeahia, DMD of the Bank and Dr. M. Easin Ali, Chairman of Dhaka City Physiotherapy Hospital, exchanging an agreement signing document at the Banks head office in the city on Wednesday. Under the deal, VISA and Khidmah Card holders of the Bank will get attractive discount in treatment services of the Hospital. Top officials from both the organizations were also present.


.

Cricket »

Malinga named captain for ODI, T20I series against New Zealand


Sri Lanka pacer Lasith Malinga, who until recently was out of favour with the selectors, has been appointed as the captain for the upcoming ODI and T20I series against New Zealand. He replaces Dinesh Chandimal, who led the side in the recently concluded ODI series and Thisara Perera, who captained ...

International »

US Senate votes to end support for Saudi-led Yemen war, blasts crown prince


The US Senate dealt President Donald Trump a double blow over Saudi Arabia on Thursday, approving a resolution to end US military support for Riyadh's war in Yemen, and another holding the Saudi crown prince responsible for the murder of Jamal Khashoggi.Though largely symbolic, the two bipartisan measures deliver a ...

International »

Islamic State not defeated, just transforming: Experts


Even as the last pockets of resistance in eastern Syria hold their ground, the Islamic State group is shapeshifting into a new, but no less dangerous, underground form, experts warn.Also known as ISIS, or the Islamic State in Iraq and Syria, the group had long been ready to cede the ...

Editorial »

Time to avail the golden opportunity to explore Japan`s rich market


BANGLADESH wants to explore the potentials of sending skilled workers to Japan as the country is likely to open its job market for foreign workers. The matter is likely to be raised at Foreign Secretary-level talks scheduled to be held on December 17 in Tokyo.Foreign Secretary M Shahidul Haque and ...

Editorial »

Involve the youths in decision making process


A RECENT survey rightly indicated that unified and quality education system for all is imperative to turn today's youth into skilled manpower for future Bangladesh. Ahead of the 11th National Election, the survey findings clearly echoed the youth voice who emphasised meritorious teacher recruitment at primary school to tertiary level ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news