November 21, 2018, 10:18 am

Preemtion

Preparation of separate khatian the Disdrtict judge failed to consider

Section- 96

61 DLR (2009) 443 Jalil alias Abdul Jalil Vs.Manikjan Bibi and others : Pre-emtion – Preparation of separate khatian-The Disdrtict judge failed to consider the implication of the separation of the jama and preparetion and separate khatian in the name of the present petitioner and on erroneous view be set aside the impugned judgement and order of the joint district judge and allowed the pre- emption case.In the deed of transfer the sheduled land has been shown mentioning the old  khatian and holding, but  the purchaser-pree-emptee after his  purchase separated the jama and khatian as per the mutation case and by opening  separate khatian in his name.So, when the holding  has been separated, the pre-emptor-opposite party cannot claim  pre- emption.preemption suit

       Section-96

61 DLR  (2009) 301 Amena Begum Vs.Md. Ruhul Amin- On 24-07-2001 micecellaneous Case No.11 of 2000(pre-emption) was dismissed for default for the cause of non appearance  of the pre- emptor.Thereafter of 20-08-2001 miscellaneous case No. 27 of 2001 under order 1X,rule 9 of the code of civil procedure was filled within time.The grounds argends in the application appear to be satisfactory but the learned judge without assigning any consent reason disbelieved the grounds of the application and rejected the case. On the contrary,learned judge of the court appeal below without deciding the merit of the application under order 1X, rule 9 of the code of civil procedure decided the merit of miscellaneous case for pre-emption which is not at all permissible under law and, as such, the same cannot be sustained.

        Section-96

61 DLR  (AD)  (2009)  122  Janab Ali Vs. Salema Khatun and others : pre-emption – The pre-emptee is barred by the principle of waiver,asquiescence and estoppel when the purposely refraind from raising objection as to defect of party.

       Section -96

12 MLR  (AD)  (2008)  143 Jainal Abedin Master Vs.Hazi salamullah khan and others  : In order to get an order of pre-emption the petitioner must be co- sharer of the holding- At the time when the diputed transfer was made the land of the R.S Khatian was amicably separated and tw MRR khatians were duty prepared. The disputed cabala lands belongs to MRR khatian of which the petioner is not a co-sharer and as such the pre-emption as been not a co-sharer of the holding.

        Section-96

57  DLR  (2005)  39 Shahid Ali Vs.Reza Mohammad-Acquisition of co-shareship by purcsase after accrual of cause of action for pre-emption cannot defeat pre-emption.

 

 

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