BHUBAN CHANDRA SAMANTA Vs. JAMINI BHUSAN KAR

JUDGEMENT

(1.) These six Rules are directed against the Order of learned Munsif, 3rd Court, Midnapur dismissing the applications of the petitioner for pre-emption under section 3(1) of the West Bengal Land Reforms Act, 1956 hereinafter referred to as 'the Act'.

(2.) The opposite party No.2, Smt. Jaminibala Dassi was the sole owner of the occupancy raiyati holding recorded in the record of rights as interest No. 58. On April 6, 1964, the opposite party No.2 executed six kobalas in favour of six different persons, thereby transferring the holding in specific portions in their favour. The kobalas were registered on the same day. The petitioner claiming to be a raiyat possessing land adjoining the holding in question filed applications for pre-emption against the six transferees, under section 8(1) of the Act. The Revenue Officer, who hoard the said applications by his order passed under section 9 of the Act, allowed the claim of the petitioner for pre-emption. On appeals preferred by the transferees against the said order of the Revenue Officer, the learned Munsif dismissed the applications of the petitioner on the ground that as there was no co-sharer of the holding which was owned solely by the opposite party No.2, the petitioner had no right of pre-emption under section 8 of the Act.

(3.) Mr. Bhunia, learned Advocate for the petitioner, challenged before me the said finding of the learned Munsif and strenuously urged that the right of the pre-emption of the petition or did not depend on the holding being occupied by co-sharers. Section 8(1) of the Act provides that: -