LAWS(CAL)-2020-3-72

GOUTAM SHAW Vs. SHRIMATI SABITA BAIRAGI

Decided On March 13, 2020
GOUTAM SHAW @ SAW @ SAU And ORS Appellant
V/S
SHRIMATI SABITA BAIRAGI And ANR Respondents

JUDGEMENT

(1.) The petitioners have filed the instant application under Article 227 of the Constitution of India challenging the judgment and order dated March 27, 2018 passed by the Learned Additional District Judge, Third Court, Howrah in Misc Appeal No. 316 of 2010 thereby dismissing the Misc Case for pre-emption on the ground of vicinage.

(2.) One Birendra Nath Sau, i.e. the predecessor-in-interest of the petitioners herein filed an application under Section 8 and 9 of the West Bengal Land Reforms Act (for short "the said Act") which was registered as LR Misc Case No. 63 of 2006.

(3.) The case made out by the petitioners herein in the Misc Case may be summed up as hereunder.