Name: Khondker Mueen Hasan

I’D: 17209006
Course: Law 301 (LAND LAW)
Section: 02

Submitted To:
Professor Mohammad Towhidul Islam
Case Name:
 Abdur Rashid and others Vs. Md.
Babul Mia and others, 2 SCOB
[2015] HCD 41 Civil Revision No.
4636 of 2004
Facts:
 - The case involves a dispute over a piece of land.
 - The opposite party No. 1 (Md. Babul Mia) filed a Miscellaneous case
No. 46 of 2001 for pre-emption under section 96 of the Estate Acquisition
and Tenancy Act.
 - The petitioner (Abdur Rashid and others) claimed to be co-sharers of
the disputed land based on certain documents.
 - Another co-sharer, Basanta Kumar, transferred the disputed land to the
pre-emptees (Md. Babul Mia and others) without notice to the pre-emptor.
 - The pre-emptor became aware of the transfer, obtained a certified
copy of the deed, and filed an application for pre-emption on 23.8.2001.
 - The deed of transfer was registered on 31.07.2001.
 Issue:

The main issue in this case is when an

application for pre-emption should be
filed under the relevant laws.
Rule of Law:
 The court refers to the following legal provisions and rules:
 - Section 60 of The Registration Act, 1908.
 - Sections 89 and 96 of The Estate Acquisition and Tenancy
Act, 1950.
According to Section 96 of the Estate Acquisition and Tenancy
Act, when an application for pre-emption is made, any co-sharer
tenant or tenant holding land contiguous to the land transferred
may apply to join the application within the period specified.
Failure to do so within the statutory period will result in the loss
of the right to pre-empt the property.
 Application to the Facts:

• The pre-emptee petitioners purchased the land through a registered

deed dated 12.6.2001 without serving notice under section 89 of the
Estate Acquisition and Tenancy Act.
• The pre-emptor filed the application for pre-emption on 23.8.2001.
• The deed was registered on 31.07.2001 under section 60 of the
Registration Act.
• Section 96 of the Estate Acquisition and Tenancy Act specifies the
time frame for filing pre-emption applications.
• Sub-section (4) of section 96 mentions that any co-sharer tenant or
tenant holding land contiguous to the land transferred must claim
pre-emption within 2 months of receiving the summons.
 Arguments of the both the parties:
 Arguments by Abdur Rashid and others
(Petitioners):
1. Right to Pre-Emption: Asserted their right as co-
sharers of the disputed land to pre-empt the sale
under section 96 of the Estate Acquisition and
Tenancy Act. They contended that they were
entitled to pre-emption based on their status as co-
sharers by purchase through deeds dated
27.04.1997 and 26.12.2000.
2. Lack of Notice: Claimed that the transfer of land
to the pre-emptees was conducted without any
notice to them, violating their pre-emptive rights.
3. Timely Filing of Application: Emphasized that
their application for pre-emption was filed within
the statutory period, following the discovery of the
transfer and obtaining a certified copy of the deed.
 Arguments by Md. Babul Mia and others (Pre-
emptees):
1. Validity of Purchase: Argued that their purchase of the
land was legitimate and carried out through a registered
deed dated 12.6.2001.
2. Lack of Claim by Pre-emptors: Pointed out that none
of the pre-emptee petitioners claimed pre-emption after
receiving the summons within the stipulated 2-month
statutory period as outlined in section 96 of the Estate
Acquisition and Tenancy Act.
3. Compliance with Legal Requirements: Maintained
that all legal requirements for the transfer of land were
adhered to, including registration under section 60 of
the Registration Act, 1908.
 Conclusion:
• The court held that the pre-emption application was filed within the
required time frame as per section 96 of the Estate Acquisition and
Tenancy Act.
• However, none of the pre-emptee-petitioners claimed pre-emption
within 2 months of receiving the summons.
• Therefore, the appellate court correctly decided the case, and the Rule
was discharged.
 The case essentially revolves around the timely filing of a pre-
emption application and the failure of the pre-emptee-petitioners to
claim pre-emption within the specified time frame, as outlined in the
relevant sections of the Estate Acquisition and Tenancy Act.
THANK YOU