Pre-emption in modern social conditions: An analysis under Statutory Laws and Mohammedan Law

Cox’s Bazar International University

Assignment on:
Pre-emption in modern social conditions: An analysis under
Statutory Laws and Mohammedan Law
Course Title: Land Law I (2305)

Submitted to:
Raihatul GirKosba
Lecturer, Department of Law
Cox’s Bazar International University

Submitted by:
Jamil Uddin Joy
ID NO: 180100200416
11th Batch

Submission Date: 21 July, 2020

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 Pre-emption in modern social conditions: An analysis under Statutory Laws and Mohammedan Law

Table of Contents
SL. No Subject Matter Page No

1 Abstract 3

2 Introduction 4

3 Pre-emption 4

4 Nature of the right of Pre-emption 5

5 Legal effects of pre-emption 5

6 Loss of the right of pre-emption 6

7 Pre-emption under the SAT Act, 1950 6

8 Pre-emption under the NAT Act, 1949 9

9 Pre-emption under Mohammedan Law 10

10 Comparison between Statutory Laws and 12

Mohammedan Law as regards Pre-emption

11 Importance of Pre-emption in the modern society 15

12 Recommendations 15

13 Conclusion 16

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Pre-emption in modern social conditions: An analysis under Statutory Laws and Mohammedan Law

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 Pre-emption in modern social conditions: An analysis under Statutory Laws and Mohammedan Law

Abstract

The purpose of this article is to analyze the pre-emption in modern social conditions under
certain Laws. The paper depicts the pre-emption under statutory laws, pre-emption under
Mohammedan law and so many.

Pre-emption is a prior right of a co-sharer of a land either by purchase or by inheritance, owner

of adjoining property or neighbor of a land. When a piece of land is sold to a third party without
acknowledging such owners of land, the question of right of pre-emption arises, i.e., the co-
sharer of land is first entitled to purchase the land and claim the ownership. If he waves his right
by consent either expressly or impliedly, a third party or a stranger can purchase it. In
Bangladesh there are three legal approaches as regards pre-emption- (i) Muslim Law Approach,
(ii) State Acquisition & Tenancy Act, 1950 Approach and (iii) Non-agricultural Tenancy Act,
1949 Approach. This paper will focus on pre-emption under Muslim law and statutory laws in
Bangladesh and make a comparative study. It will analyze present situation or approach of pre-
emption in Bangladesh and determine the drawbacks of the existing statutory law and problems
in case of application of pre-emption, and give way of solution.

In Islamic law, pre-emption means Al-Shuf’ah and it implies that a co-owner has the right to
demand a pre-emption from his partner in a jointly owned property to purchase it at a certain
price, before other people. The study confirms pre-emption is a weak right, fortified and
confirmed by requesting its exercise; pre-emption was legalized to protect the pre-emptor’s
interests. All jurists agree that a partner in the property is a pre-emptor, but the Hanafi’s included
neighbors as well, and pre-emption cannot result in a harm to the buyer by partitioning the sale.

In statutory laws, pre-emption is a prior right of a co-sharer of a land either by purchase or by

inheritance, owner of adjoining property or neighbor of a land. When a piece of land is sold to a
third party without acknowledging such owners of land, the question of right of pre-emption
arises, i.e., the co-sharer of land is first entitled to purchase the land and claim the ownership. If
he waves his right by consent either expressly or impliedly, a third party or a stranger can
purchase it.

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 Pre-emption in modern social conditions: An analysis under Statutory Laws and Mohammedan Law

The study is qualitative in nature and based on secondary sources of materials like books,
government rules, newspaper reports, articles etc.

Keywords:Pre-emption.Mohammedan law, statutory law,State Acquisition & Tenancy Act,

Non-agricultural Tenancy Act, Buyer, Seller, Pre-emptor, Bangladesh, Co-sharer, Tenant

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 Pre-emption in modern social conditions: An analysis under Statutory Laws and Mohammedan Law

Introduction
In Bangladesh, the application of pre-emption was very familiar. With the change of time, the
importance of pre-emption is somewhat reduced in present society due to mobiling lives. The
provisions of present statutory laws, in a sense, discourage people to apply the right of pre-
emption due to the rigid provisions introduced in 20061 . It reduces the numbers of application
for pre-emption in civil courts comparatively. In Bangladesh there are three approaches as
regards ‘Pre-emption’- one under the Muslim Law and another two under two existing laws-
section 24 of the Non-agricultural Tenancy Act, 1949 (herein referred to as the NATA Act,
1949) and section 96 of the State Acquisition and Tenancy Act, 1950 (herein referred to as the
SAT Act, 1950). Pre-emption of non- agricultural land is dealt under sec. 24 while sec. 96 is for
agricultural land. These legal approaches and present actual position of pre-emption will be
focused in this paper. This article also shows the comparison between the statutory laws and
Muslim law; clarifies changes introduced into the statutory laws and purposes behind the
changes; determines the importance of the pre-emption in present mobilized society and gives
some recommendation to implement the existing laws properly

Pre-emption
Pre-emption is a right of purchasing property before or in presence to the other person. The word
pre-emption was derived from the Latin ‘prae’ which means ‘before’ or ‘emptions’ which means
‘buying’. According to Encyclopedic Law Dictionary by Dr. A.R. Biswas, pre-emption is ‘the
legal right of buying a thing before all others. The term pre-emption means ‘shufaa’ in Arabic.
‘Shufaa’ means conjunction; here it denotes the right of the owner of a property which is in
conjunction-that is adjacent- to another property. Haq means right. So, haq-shufaa means right to
subsequent purchase of a property adjacent to own from another fresh purchaser. In practice it
means a right to dislodge a fresh purchaser and step in his shoes in respect of an adjacent
property. It is a right to dislodge stranger from entering into ones neighborhood.1

Nature of the right of Pre-emption

The right of pre-emption is not only a right to repurchase, but it is a right of substitution, entitling
the pre-emptor to stand in the shoes of the purchaser. This view had been adopted by the

1
Rashid, Khalid. Muslim Law, 4th Edition, Eastern Book Company, Lucknow, 2004 at p 283.

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 Pre-emption in modern social conditions: An analysis under Statutory Laws and Mohammedan Law

Supreme Court of India in Bishan Singh v. Khazan Singh, 2 where Subba Rao J., summarized the
rules of pre-emption thus:
(1) The right of pre-emption is not a right to the thing sold but a right to the offer of a thing
about to be sold. This right is called the primary or inherent right.
(2) The pre-emptor has a secondary right or a remedial right to follow the thing sold.
(3) It is a right of substitution but not of repurchase, i.e., the pre-emptor takes the entire bargain
and steps into the shoes of the original vendee.
(4) It is a right to acquire the whole of the property sold and not a share of the property sold.
(5) Preference being the essence of the right, the pre-emptor must have a superior right to that of
the vendee or the person substituted in his place.
(6) The right being a very weak right, it can be defeated by all legitimate methods, such as the
vendee allowing the claimant of a superior or equal right of being substituted in his place.

Legal effects of Pre-emption

1) When the Pre-emption is complete, the pre-emptor steps in the shoes of buyer.
2) If the sale has been completed when the claim to the right of pre-emption is enforced, the
original buyer becomes the new seller and the pre-emptor is the new buyer.
3) The pre-emptor does not become liable for any contingent charges incurred by the buyer,
such as brokerage or agency.
4) The buyer is entitled to receive or retain the rents and profits of thee land during the
interval between thedate of its sale to himself and its transfer to the pre-emptor.
5) As the pre-emptor takes the property from the buyer, and not the seller, the buyer must
always be a party to the suit. But after the preemptor has taken possession of the land,
there is no need of seller.

Loss of the right of Pre-emption

The right of Pre-emption is lost in the following ways:
1) Omission of claim or waiver: The claimant expressly or impliedly waives his right or
omits to claim immediately.

2
AIR 1958 SC 838.

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 Pre-emption in modern social conditions: An analysis under Statutory Laws and Mohammedan Law

2) Death of pre-emptor before enforcement:The right of Pre-emption is extinguished

where the pre-emptor dies before instituting the suit for Pre-emption even if he may have
made the first two demands, and
3) Forfeiture of right: A forfeiture may arise out of the pre-emptors release of his right for
monetary consideration. It is also forfeited where it is found that the pre-emptor is
exercising his right in order to dispose of the right to some other stranger.

Pre-emption under the State Acquisition and Tenancy Act, 1950

Section 96 of the State Acquisition and Tenancy Act, (SAT) 1950deals with the right of pre-
emption. This section was substituted for the former section 96 by the Act No. XXXIV of 2006.
Material changes have been made in the new section.
 By the previous section, a co-sharer tenant and a tenant holding the land contiguous to the
land transferred could exercise the right of pre-emption but under present section, only a
co-sharer tenant of the holding by inheritance can apply for pre-emption.
 Under the previous section, the right of pre-emption could be exercised when a portion or
share of a holding of a raiyat was transferred to any non-co-sharer tenant. In the new
section, in place of the word ‘transfer’ the word 'sold' has been used. Use of the word
‘sold’ excludes any other mode of transfer and now pre-emption shall lie only against a
transfer by sale.3
 Under the previous section, an application for pre-emption could be brought within four
months from the date of the service of the notice or from the date of the knowledge of the
transfer and there was no specific maximum time barred whereas by present section it is
two months which can be exercised within three years from the date of the registration of
the sale deed. The right of pre-emption shall not be exercised after three years from the
date of the registration of the sale deed whether the pre-emptor knows the information of
sale or not; but in previous section the pre-emptor could exercise his right at any time if
he could prove that he was not acknowledged of the transfer.
 Now 25% compensation is accompanied with the application of pre-emption which was
10% in past. Under the previous section, there was no provision of simple interest
accompanying with the application. In new section, there is provision of simple interest at
3
Haque, Mohammad Hamidul. Trial of Civil Suits and Criminal Cases, 2010, P. 166.

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 Pre-emption in modern social conditions: An analysis under Statutory Laws and Mohammedan Law

the rate of eight per centum which is to be deposited with the application for pre-emption.
Under the new section, there is provision of giving direction to the purchaser for
executing registration deed if pre-emption is allowed; there is no such provision in the
previous section.

The right of pre-emption when arises

Under section 96 of the SAT Act, 1950 the right of pre-emption arises only on a sale. Section
96(1) provides that 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 same holding may exercise
their right for pre-emption.

Parties to the Pre-emption Application

The following persons are entitled to make an application for pre-emption under:
a) Co-sharer tenant or tenants of a holding by inheritance (where a portion or share of a
holding is sold).
b) Applicant must be tenant when a holding of a raiyat is sold.
c) Applicant must be 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.
It is important to notify that a co-sharer tenant of the holding by purchase or a tenant holding
lands contiguous to the land transferred, can’t make an application for pre-emption under
amended section 96. It is also important to mention that the seller cannot apply for pre-emption
even though he remains a co-sharer and a party in a pre-emption application; he is merely a
proper party not a necessary party because in pre-emption proceeding co-sharers are made
parties in order to enable them to exercise their similar right if they so desire; but the co-sharer
seller though a party, having made the sale cannot turn round and pray for pre-emption of his
sold portion.
In an application for pre-emption under section 96, all other co-sharer tenants by inheritance of
the holding and the purchaser shall be made parties.4 (Opposite parties)

Time limitation
Right of pre-emption has to be exercised within two months either:

4
Section 96 (2), The State Acquisition and Tenancy Act, 1950.

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 Pre-emption in modern social conditions: An analysis under Statutory Laws and Mohammedan Law

i. from the date of service of notice of the sale (served under section 89 of the Act) by co-
sharer tenants of the holding by inheritance, or
ii. from the date of knowledge of sale (where no notice of the sale has been served under
section 89 of the Act) by co-sharer tenants of the holding.5
It is mentionable that no application for pre-emption shall lie after the expiry of three years from
the date of registration of the sale deed.6 Any of the remaining co-sharer tenants if interested may
join the original application for pre-emption in the following schedule:
i. within two months from the date of service of notice of the sale (served under section 89
of the Act), or
ii. within two months from the date of knowledge of sale (where no notice of the sale has
been served under section 89 of the Act), or
iii. within two months of the date of the service of the notice of the application under sub-
section (4), whichever be earlier.7
Any co-sharer tenant who has not applied within the above mentioned time, he shall not exercise
any further right to purchase under the present section. It is important to note that if the original
application fails on the ground of limitation, the co-applicant's prayer for pre-emption is not
sustainable. If the original application is dismissed, the co-applicant's prayer shall be dismissed.
If the co-applicant's prayer is allowed, he or they shall deposit the prescribed amount within the
prescribed time according to the direction of the court. If he or they fail to do so, his or their
applications shall be dismissed.8

Deposit of money
The application must be accompanied by a deposit of the consideration money of the sold
holding or portion or share of the holding as stated in the notice or in the deed sale together with
compensation at the rate of twenty five per centum and simple annual interest at the rate of eight
per centum for the period from the date of the execution of the deed of sale to the date of filing
of the application for pre-emption; otherwise the application shall be dismissed. 9In case of

5
Section 96(1), The State Acquisition and Tenancy Act, 1950.
6
Provision of Section 96(1), The State Acquisition and Tenancy Act, 1950.
7
Section 96(6), The State Acquisition and Tenancy Act, 1950.
8
Section 96(8), The State Acquisition and Tenancy Act, 1950.
9
Section 96(3), The State Acquisition and Tenancy Act, 1950.

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improvement of purchased land by the purchaser, the applicant must deposit compensation on a
direction of the court.

Pre-emption under the Non-Agricultural Tenancy Act, 1949

Under section 24 of the Non-Agricultural Tenancy Act the right of pre-emption in respect of
non- agricultural land is dealt. The provisions of this section attract in case of land in a municipal
area.10 Pre-emption in respect of non-agricultural is only possible under section 24 of Non-
Agricultural Tenancy Act. Provision of section 96 of the SAT Act is not applicable to such
case.11 It cannot be said that the sub-section (2) and (3) of the SAT Act have repealed section 24
of the Non-Agricultural Tenancy Act by implication. 12The object of section 24 of the Act is to
prevent non-agricultural tenancy lands from being possessed by stranger purchasers if the other
co-sharer tenants desire to have the same themselves.13

Time limitation
“If a portion or share of the non-agricultural land held by a non-agricultural tenant is transferred,
one or more co-sharer tenants of such land may, within four months of the service of notice
issued under section 23 and, in case no notice had been issued or served, then within four months
from the date of knowledge of such transfer, apply to the court for such portion or share to be
transferred to himself or to themselves, as the case may be.”14

Deposit of money
“The application under sub-section (1) shall be dismissed unless the applicant at the time of
making it deposits in Court the amount of the consideration money or the value of the portion or
share of the property transferred as stated in the notice served on the applicant under section 23
together with compensation at the rate of five per centum of such amount.”15

Pre-emption under Mohammedan Law

10
Rouf v. AhmudaKhatun 33 DLR (AD) 323.
11
Forman Ali Howladar v. HelaluddinRashari and others, 20 DLR, 1197.
12
Ibid.
13
ShyamapadaBhattacharjee v. Satya Gopal Majumder, (1963) 67 CWN 599.
14
Section 24(1), The Non-Agricultural Tenancy Act, 1949.
15
Section 24(2), The Non-Agricultural Tenancy Act, 1949.

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Mohammedan Law as regarding pre-emption is first approach in Bangladesh. This approach is

only applicable between two Muslims but not a Muslim and non-Muslim. The right of pre-
emption or Shufa under the Mohammedan law is a right which the owner of an immovable
property possesses to acquire by purchase another immovable property which has been sold to
another person. This is what is meant by the right of pre-emption underMohammedanor Muslim
law. The object underlying pre-emption under the Mohammedan law is to prevent inconvenience
which may result from the introduction of disagreeable stranger as a co-partner or as a near
neighbor. It is based on the ground of convenience and its objects are to prevent possible
vexation arising from a disagreeable neighbor.16

Parties entitled to pre-empt under Mohammedan Law

As per Muslim Law, the following three classes of persons are entitled to claim pre-emption,
namely –
1) Shafi-e-Sharik or a co-sharer in the property (an owner of an undivided share),
2) Shafi-e-Khalit or a participator in immunities and appendages (a person who having right
of easement), and
3) Shafi-e-Jar or owners of adjoining immoveable property.
Among the classes of pre-emptors, the first class excludes the second, and the second excludes
the third. But when there are two or more pre-emptors belonging to the same class, they are
entitled to the equal shares of the property sought to be pre-empted.

The right of pre-emption when arises under Mohammedan Law

The right of pre-emption arises only out of a valid, complete, and bona fide sale. It does not arise
in case of gift (hiba), sadaqah, wakf, inheritance, bequest or a lease even though in perpetuity.
Nor does it arise out of a mortgage, even though it may be by way of conditional sale; but the
right will accrue if the mortgage is foreclosed. Under Muslim Law, exchange of property for
property is a sale and hence subject to Pre-emption.

16
Syed Sayeeduddin Ahmed v. Haji Inunus Mia, 12 DLR 93.

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Formalities of pre-emption under Mohammedan Law

“No person is entitled to pre-empt unless he takes the proper steps at proper time, and conforms
strictly to the necessary formalities.” 17The law of pre-emption under Muslim Law is a law of
technicality and the detailed formalities of ‘three demands’ must be followed fully:
1) The First Demand (talab-e-mowasibat): On receiving the information of the sale, the
pre-emptor must make a declaration called talab-e-mowsibat, asserting his intention to
exercise his right of pre-emption. 18Witnesses are not necessary or any particular language
or form, for making this demand. 'I have demanded or do demand pre-emption' is
enough.19 The pre-emptor cannot make a delay by taking the plea that he had reason to
believe the real price should be much lower than that notified to him.20
2) The Second Demand (talab-e-ishhad): The pre-emptor must, with the least practicable
delay, make a second demand. He must (i) refer to his first demand; (ii) do so either in
the presence of buyer or the purchaser or on the premises which are the subject of sale;
and (iii) do so in the presence of two witnesses. This formality is called talab-e-ishhad. 21
This is also known as talab-e-taqrir, the demand of confirmation.22
3) The Third Demand (talab-e-tamlik): The third demand is not only really a demand, but
taking legal action, and is not always necessary; it is only when his claim is not
conceded; the pre-emptor enforces his right by bringing a suit. It is made by lodging a
suit before the kazi. Such an action is called talab-e tamlik or talab-e khusumat (the
demand of possession, or the demand where there is a dispute).23

Comparison between Statutory Laws and Mohammedan Law as

regards Pre-emption
The differences between the statutory lawsand the Muslim law Pre-emption may be summed up
as follows:

17
Fyzee, ASAF A. A. Outlines of Muhammadan Law, 4th Edition, Oxford University Press, Delhi at p. 348.
18
Hedyatullah, M. and Hedayatullah, Arshad (Ed). Mulla’s Principles of Mohammedan Law, 19th Edition, Tripathi, 1990, Para
236(1), p. 216.
19
Supra Note 6, p. 348.
20
Supra Note 3, p. 29.
21
Supra note 7, Para 236(2), p.216.
22
Supra Note 6, p. 349.
23
Supra Note 6.

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 As regards the parties -- The right of pre-emption under section 96 can only be
exercised by a co-sharer tenant in the holding or khatian by inheritance; whereas three
classes of persons are entitled in Muslim law to exercise the right of pre-emption, (i)
shafi-e sharik (a co-sharer in the property), (ii) shafi-e khalit (who has a right of
easement, right of way, water), and (iii) shafi-e jar (neighbor).
 As regards to religion -- In Bangladesh the provision of Pre-emption under Muslim Law
is only applicable between two Muslims but not between Muslim and Non-Muslim; if the
dispute arise between Muslim and Non-Muslim, the statutory laws (i.e. the SAT Act,
1950 & the NAT Act, 1949) will be applicable.
 On the procedural requirements -- Under section 96 of the SAT Act, 25% as
compensation on consideration money mentioned in the deed and 8% simple interest; and
under section 23 of the NAT Act, 5% as compensation on consideration money
mentioned in the deedare to be deposited along with the application of pre-emption; but
in case of pre-emption under Muslim Law such compensation and interest are not
required.
 On the period of limitation -- Under section 96(1), an application for pre-emption may
be made within two months of the service of notice given under section 89 of the SAT
Act or if no notice served, within two months of the date of knowledge of the sale and no
application shall lie after expiry of three years from the date of registration of the sale
deed; whereas under Muslim law a suit for pre-emption must be brought within one year
from the date of registration or from the date of acknowledgement.
 On the formalities of demand -- No formalities are to be maintained under sec 96 of the
SAT Act before making an application for pre-emption; but under Muslim Law three-
stage-demand must be maintained.
 As regards to Court fee -- In order to bring an application for pre-emption a fixed court
fee is to be paid; but in case of Muslim law ad valorem court fee is to be paid.

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Importance of Pre-emption in the modern society

Importance of Pre-emption in the Present Society The concept of pre-emption came in
Indian subcontinent from Muslim Law. It is inserted in the statutory laws. By applying
the rules of pre-emption a co-sharer prevents a stranger; he can extend his portion in the
holding or land, but the sole object is to save the co-sharers or neighbors from vexation
and inconvenience of a stranger purchaser; its object is not to extend the portion or share
or property of other co-sharers of a holding or land. So it carries importance but in the
present society it has lost its importance somewhat. Now the society is mobilized; people
do not live in a place forever. It does not matter to the people of a society who become
the owner of an adjoining land or holding. Pre-emption in case of non-agricultural land or
municipal area is now rare due to mobilized society. The importance of pre-emption in
village area or in case of agricultural land can not be denied. The people of a village do
not like the entrance of a stranger to their holding but now the village life is also
changing. As a result, the importance of pre-emption reduces in the village area as well.
Besides, the scope of application of pre-emption in case of agricultural land is also
limited by the substituted section 96 of the SAT Act. The new section incorporates rigid
provisions; only a co-sharer tenant by inheritance can apply for pre-emption but a co-
sharer tenant by purchase or adjoining land owner cannot pre-empt. Another important
thing is that people are not so interested to bring a suit for pre-emption under Muslim
Law; it is filed as civil suit and ad valorem court fee is to be paid and the proof of
formalities of pre-emption under Muslim law is very tough. It is mentionable that the
provisions of statutory laws shall not take away the right of pre-emption conferred on any
person by the Muslim Law.

Recommendations
Pre-emption is a right of co-sharer tenant of a holding. It was very familiar to the Indian sub-
continent and later in Bangladesh but with the changes of time, the application of pre-emption is
now very limited. In the present society, the significance of pre-emption has been reduced
rapidly. Now the people are so much busy with their lives and their jobs; they have no enough
time who come to the adjacent property. Some people still uses the opportunity of making an
application for pre-emption, particular in agricultural land when necessity arises; they have to

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face some legal complexity and the party purchased the land and improved the land also. Under
these circumstances, the following steps should be taken:
i. A seven days’ notice should be hanged over the land which will be proposed to sell.
ii. A notice should be served after registration by the registered office with cost of
purchaser. By this he can avoid subsequent complexity and he can improve his purchased
land smoothly.
iii. The maximum time limitation of application for pre-emption should be six months
(present it three years).
iv. ADR should be introduced as compulsory to pre-emption process i.e. in order to bring a
suit or an application for pre-emption one should first face ADR and then, in case of
failure, ordinary process can apply.

Conclusion
The right of pre-emption is not only a right to repurchase, but it is a right of substitution, entitling
the pre-emptor to stand inthe shoes of the purchaser. In past, the application of Pre-emption was
high in Bangladesh; still today it does not lose its importance wholly but after substitution of
section 96 the number of applications for pre-emption is reduced comparatively. This section
limits the scope of bringing an application for pre-emption. The present statutory laws
discourage people to come before court for pre-emption. Now the time is changed; it’s the time
of globalization; so who comes near the land of another is not getting importance and this
approach is reflected on pre-emption in Bangladesh presently.

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Bibliography
 AIR 1958 SC 838.
 Bryan A. Garner (ed). Black’s Law Dictionary, Seventh Edition, West Group. Paul,
MINN (1999), p 1197.
 Forman Ali Howladar v. HelaluddinRashari and others, 20 DLR, 1197.
 Fyzee, ASAF A. A. Outlines of Muhammadan Law, 4th Edition, Oxford University
Press, Delhi at p. 348.
 Haque, Mohammad Hamidul. Trial of Civil Suits and Criminal Cases, 2010, P. 166.
 Hedyatullah, M. and Hedayatullah, Arshad (Ed). Mulla’s Principles of Mohammedan
Law, 19th Edition, Tripathi, 1990, Para 236(1), p. 216.
 Ibid.
 Lutfor Rahman, Syed. Pre-emption Laws in Bangladesh, 1st Edition, Ain-
GranthaProkashak, Dhaka, 1984 at p 1.
 Provision of Section 96(1), The State Acquisition and Tenancy Act, 1950.
 Rashid, Khalid. Muslim Law, 4th Edition, Eastern Book Company, Lucknow, 2004 at p
283.
 Rouf v. AhmudaKhatun 33 DLR (AD) 323.
 Section 24(1), The Non-Agricultural Tenancy Act, 1949.
 Section 24(2), The Non-Agricultural Tenancy Act, 1949.
 Section 96(1), The State Acquisition and Tenancy Act, 1950.
 Section 96 (2), The State Acquisition and Tenancy Act, 1950.
 Section 96(3), The State Acquisition and Tenancy Act, 1950.
 Section 96(6), The State Acquisition and Tenancy Act, 1950.
 Section 96(8), The State Acquisition and Tenancy Act, 1950.
 ShyamapadaBhattacharjee v. Satya Gopal Majumder, (1963) 67 CWN 599.
 Syed Sayeeduddin Ahmed v. Haji Inunus Mia, 12 DLR 93.
 Supra Note 3, p. 29.
 Supra Note 6.
 Supra Note 6, p. 348.
 Supra Note 6, p. 349.

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 Supra note 7, Para 236(2), p. 216.

 The point summed up from Syed Khalid Rashid, Muslim Law, 3 rd edition, 1996, Eastern
Book Company, p 250-251.
 The State Acquisition and Tenancy (Amendment) Act, 2006, (Act No. XXXIV of 2006).

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