Registration Act, 1908
Section 60
State Acquisition and Tenancy Act, 1950
Section 96
Non-Agricultural Tenancy Act, 1949
Section 24
If the right of pre-emption is waived by the conduct of the pre-emptors before and after purchase, the pre-emption case may be dismissed:
The conduct of the pre-emptors before and after purchase amply proved that the preemptor- petitioners waived their right of pre-emption and as such, the pre-emption case was rightly dismissed by the trial Court. The petitioners intentionally relinquished of their statutory right and thereby waived the right of pre-emption. The Appellate Court assigning cogent reason concurred with the finding of the trial Court; therefore, it does not warrant for any interference by this Court. It is true that the right of pre-emption accrues after the deed entered in the volume as per section 60 of the Registration Act, 1908, but if the right of pre-emption is waived before and after registration, obviously the Court may turn down the prayer of pre-emption; otherwise, the equitable principle of waiver, acquiescence which operate as estoppels will be meaningless. Nothing is absolute in law; therefore, it cannot be held absolutely that the pre-emption right shall accrue only after registration of the deed and if it so, the equitable principles of waiver and acquiescence shall be futile and fruitless. ...Most. Shamima Begum & anr Vs. Most. Rezuana Sultana & ors, (Civil), 18 SCOB [2023] HCD 284 ....View Full Judgment

State Acquisition and Tenancy Act, 1950
Section 96
Non-Agricultural Tenancy Act, 1949
Section 24
Registration Act, 1908
Section 60
It is expected that the Government shall take necessary step to amend the provision of section 24 in line with the latest amendment of section 96 of the SAT Act, 1950 for the greater interest of the people of the country. The following points may be considered by legislators:
(i) Only the co-sharer tenant by inheritance can file pre-emption case under section 24 of the NAT Act.
(ii) Transfer by way of sale only be pre-emptible and the pre-emption case has to file within two months from the date of registration as per section 60 of the Registration Act or if no notice is given under section 23 of the NAT Act within two months from the date of knowledge.
(iii) The maximum period of filing pre-emption case shall not be more than two years from the date of expiry of the registration of the sale deed.
(iv) The pre-emptor has to deposit consideration money along with 35% of the compensation of consideration money and an amount of 10% annual interest upon the amount of consideration money for the period from the date of execution deed of sale and to the date of filing the application for pre-emption.
(v) The remaining co-sharer tenants by inheritance may join in the original application within two months from the date of service notice or within two months from the date of knowledge of registration of the deed.
(vi) If pre-emption case is allowed, the pre-emptee has to execute a registered sale deed within stipulated time failing which the Court shall execute the registered deed and shall hand over the possession to the pre-emptor.
(vii) Non-agricultural land or holding should be considered as synonym. If the non-agricultural land is recorded in different khatians by survey operation or by mutation proceeding, the right of pre-emption shall be ceased.
(viii) The ceiling of the agricultural or non-agricultural land should not be more than twenty bighas in case of agricultural land and only five bighas in case of non-agricultural land and accordingly, consequential amendment has to be made in Bangladesh Land Hodling (Limitation) Order, 1972(PO 98 of 1972), the Land Reforms Ordinance, 1984(Ordinance No. X of 1984) and Section 90 of the SAT Act (Act XXVIII of 1951).
(ix) As per Rules of Business and Allocation of Business, it is the subject of the Ministry of the Land, therefore, the Ministry of Land may take necessary step to review the provisions of law relating to pre-emption as set out under Section 24 of the NAT Act. ...Most. Shamima Begum & anr Vs. Most. Rezuana Sultana & ors, (Civil), 18 SCOB [2023] HCD 284 ....View Full Judgment