SAMSULHA Vs. HOSSAIN ALI MONDAL

JUDGEMENT

(1.) The instant application under Art. 227 of the Constitution of India is directed against Order No. 23 dated 31.5.99 passed by Ld. Civil Judge (Junior Division), 2nd Court, Hooghly in P. Misc. Case No. 42 of 1996.

(2.) The case of the petitioners was in brief that they filed an application under Sec. 8 of the West Bengal Land Reforms Act against the Opposite Parties before the Ld. Court below praying inter alia for an order of preemption in respect of the property mentioned in schedule 'B' to the said petition stating that the land being plot No. 1223 appartening to R.S. Khatian No. 203 of Mouza Sibrai, Pandua, Hooghly belonged to Proforma opposite Parties 3 to 6 and that the Petitioners were the adjoining the land holders. But unfortunately the land being plot No. 1223 was sold by Proforma Opposite Parties 3, 4, 5 and 6 to Opposite Parties I and 2 by a deed of sale dated 7.2.96. According to the Petitioners the said 'B' schedule property ought to have been sold to them being adjoining land holders. Accordingly the Petitioners filed a petition for preemption of the said plot of land in their favour before the Ld. Court below as per provisions of Sec. 8 of the West Bengal Land Reforms Act, 1955. The said case of the Petitioner was, however, dismissed by Ld. Court below vide Order dated 31.5.99 on the ground that such a prayer was not maintainable as the deed was not a registered one. Hence the present petition.

(3.) I have had the opportunity of hearing Ld. Counsels for both the parties at length in the matter. The only question requiring consideration in this hearing was whether the order passed by the Ld. Court below ott 31.5.99 in P. Misc. Case No. 42/96 was lawful or not.