(1.) This revisional application under Article 227 of the Constitution of India has been directed against a judgment and order dated February 28, 2007, passed by the learned Additional District Judge, Fast Track Court II, Ranaghat, Nadia setting aside the judgment and order dated June 29, 2004, passed by the learned Civil Judge (Junior Division), 2nd Court, Ranaghat, Nadia on an application under Section 8 of the West Bengal Land Reforms Act, 1955.
(2.) One Nirmala Bala Sen, since deceased, sought to pre-empt a sale made on October 17, 2000 by her brother Gopal Dey, since deceased. Before the Trial Court Nirmala Bala contended that she became the owner of the contiguous land by virtue of a deed of gift executed in her favour by her uncle Binod Behari. Nirmala Bala also claimed that she became a co-sharer of the relevant land by way of inheritance along with her brother and sisters from her father.
(3.) The learned Trial Judge rejected the said application filed by Nirmala Bala, but the appeal court allowed the appeal holding that Nirmala Bala was entitled to pre-empt the sale. The order of the appeal court below has been challenged in this present application. It is important to bear in mind that the fate of the pre-emption application filed by Nirmala Bala has been pending for about two decades. The present application is being contested by the legal heirs of Nirmala Bala and the successive purchasers of the relevant land over time.