CASE PRESENTATION ON-

LAND LAW
COURSE 203
.
SUBMITTED BY-
Fatiha Ormin Naser
ID: 112
Session: 2020-21
Program: LLB (Hons.)
University of Dhaka.
 SUBMITTED TO-

Dr Muhammad Towhidul Islam

Professor,
Department of Law,
University of Dhaka.
INDEX

Segments we will be seeing in the presentation:

A timeline of the actions

Laws
Introduction Case Details Judgement Analysis
Applied
INTRODUCTION
PRE-EMPTION
If one of the co-shares sells his portion of land to
a third party, then everyone in the world capable
of buying the land has the right to buy it.
However, if someone from the co-sharers comes
forward to buy it, then he will have the priority
right to others. This priority right is called the
right to pre-emption.
CASE DETAILS:

Case Name: Sreemati Monkhushi Das vs. Abdus Sobhan Mea and others
Reference: 29 DLR 195
FACT OF THE CASE:

 The defendant sold her three plots of land to a person not contiguous to the lands
of the plaintiff.
 The plaintiff filed a suit against the defendant claiming the right to pre-emption
under section 96(1) of the State Acquisition and Tenancy Act 1950.
ISSUE(S) OF THE CASE:

 Whether the plaintiff is entitled to the right to pre-emption.

 Whether the plaintiff is entitled to the right to pre-emption for all the three plots.
LAWS APPLIED TO THE CASE:

Section 96(1) of the State Acquisition and Tenancy Act 1950 was applied to the case. The section
says:

“If a portion or share of a holding of a raiyat is sold to a person who is not a co-sharer tenant in the
holding, one or more co-sharer tenants of the holding may, within two months of the service of the
notice given under section 89, or, if no notice has been served under section 89, within two months of
the date of the knowledge of the sale, apply to the Court for the said portion or share to be sold to
himself or themselves: 

Provided that no application under this section shall lie unless the applicant is- 
(a) a co-sharer tenant in the holding by inheritance; and 

(b) a person to whom sale of the holding or the portion or share thereof, as the case may be, can be
made under section 90: 
 
 Provided further that no application under this section shall lie after expiry of three years from the
date of registration of the sale deed.”
JUDGEMENT OF THE CASE

Issue- 1: Issue- 2:
The plaintiff was entitled to the The plaintiff was entitled to the right
right to pre-emption. to pre-emption only for one of those
three sold plots.
ANALYSIS OF THE CASE:

The discussed case is based on the ground of Pre-emption. The basic question arouse here
was, if someone is entitled to the right to pre-emption, is there any scope for him to be
partially entitled to the mentioned right?

The answer is, YES. The judgement of this certain case successfully answered this question
and partially entitled the plaintiff to the right to pre-emption.
CONCLUSION

From my point of view, the discussed case could be a pretty basic case of pre-
emption. Nonetheless, the decision of making the plaintiff partially entitled
to the right has made the case significant and that is why I chose this case to
present.
THANK YOU!