Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Saturday, September 22, 2018 10:18:38 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter
BREAKING NEWS:

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

Editorial »

Rohingya crisis: UN is helpless without active cooperation of int'l community


THE United Nations was established with a mission to stop brutality and promotion of human rights across the globe but at present is apparently helpless to stop the Myanmar military atrocity on Rohingya ethnic community. Though the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, the ...

Cricket »

India rout Pakistan by eight wickets in Asia Cup


AFP, Dubai :India crushed Pakistan by eight wickets in their long-awaited Asia Cup match which failed to live up to its hype in Dubai on Wednesday.Pace spearhead Bhuvneshwar Kumar (3-15) and part time off-spinner Kedar Jadhav (3-23) sent Pakistan, who won the toss and batted, collapsing to just 162 all ...

Football »

We aim to play SAFF U-16 Women's final: Choton


Bangladesh U-18 national women's football team head coach Golam Rabanni Choton said they aim to play the final of the SAFF U-18 Women's Championship which is scheduled to be held from September 28 to October 7 in Thimpu, Bhutan.He was speaking at a pre-departure press conference on Thursday at the ...

International »

US-North Korea relations making 'tremendous progress': Trump


President Donald Trump on Wednesday said US relations with North Korea are making "tremendous progress" from the days before his presidency when the two countries appeared close to "going to war."Trump said a recent letter from North Korean leader Kim Jong Un confirmed the positive track, which he said has ...

City »

Newly elected executive members of Bangladesh Photo Journalists Association paid a courtesy call on Shipping Minister Shajahan Khan at his ministry on Thursday.


Entertainment »

Not always necessary to do issue-based films: Yami Gautam


Actress Yami Gautam, who stars in Batti Gul Meter Chalu, says it is neither necessary nor possible for an actor to do issue-based films all the time. Yami was interacting with the media here on Wednesday at a promotional press conference of the film that releases on Friday. She was ...

Football »

Japanese MMA star Norifumi 'Kid' Yamamoto dies at 41


Tributes flowed Wednesday for charismatic Japanese Mixed Martial Artist ( MMA) Norifumi "Kid" Yamamoto, who died at age 41, three weeks after announcing a battle with cancer.Born to a family of wrestlers and martial artists, the wiry, tattoo-covered Yamamoto took on larger opponents in a wide range of MMA events, ...

Editorial »

Ecological danger for destroying forest by Rohingyas


A STUDY has revealed that 4,300 acres of hills and forests have been razed in Cox's Bazar to set up refugee camps and cooking fuel for Rohingyas who fled ethnic cleansing in Myanmar. Quoting the study, news media reported that about 3,000-4,000 acres of hill land at Teknaf and Ukhia ...

International »

Kim agrees to dismantle main nuke site if US takes steps too


AP,  Pyongyang :The leaders of North and South Korea announced a wide range of agreements Wednesday which they said were a major step toward peace on the Korean Peninsula. But the premier pledge on denuclearization contained a big condition, with North Korean leader Kim Jong Un stating he'd permanently dismantle ...

International »

Sex with Trump 'least impressive' she's ever had: Daniels


Stormy Daniels, the porn star who claims to have slept with Donald Trump over a decade ago, says in her upcoming tell-all book that it may have been the "least impressive sex" she'd ever had, The Guardian reported Tuesday.In her book, "Full Disclosure," Daniels also provides a graphic description of ...

Entertainment »

I`m seen as a fierce and opinionated woman post Bigg Boss: Hina Khan


Actor Hina Khan believes Bigg Boss helped her showcase her real personality, which is that of a woman who does not shy away from speaking her mind. The actor became one of the most talked about contestants on the 11th edition of the reality TV show, which has just begun ...

City »

Dhaka University teachers formed a human chain programme on the campus on Wednesday demanding release and proper treatment of BNP Chairperson Khaleda Zia.


Editorial »

We welcome Islamabad for awarding Bangladeshi-origin refugees Pakistan`s nationality


PAKISTAN government has decided to grant nationality to all Pakistan-born refugees of Bangladeshi and Afghan origins staying there for decades. Prime Minister Mr Imran Khan on Sunday made this announcement during his maiden visit to Karachi, saying the Bangladeshi and Afghan refugees who were born in Pakistan would get National ...

Sports »

Argentina's Facundo Conte (left) and teammate Alexis Gonzalez celebrate during the Men's World Championships' volleyball match between Argentina and Slovenia, in Florence, Italy on Monday.


Football »

FIFA president Infantino has doubts about La Liga match in Miami


AFP, Barcelona :FIFA president Gianni Infantino has expressed concern about La Liga's proposal to stage a fixture between Girona and Barcelona in the United States.The two clubs have each approved a request submitted to the Spanish Football Federation for the match to be played at the Hard Rock Stadium in ...

 
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