ASIT KUMAR BASU Vs. KALYAN KUMAR GHOSH

JUDGEMENT

(1.) CHALLENGE is to the judgment and order dated September 4, 2008 passed by the learned Additional District Judge, 3rd Court, Barasat in Misc. Appeal No.102 of 1992 thereby affirming the Order No.50 dated March 21, 1992 passed by the learned Munsif, 2nd Court, Barasat in Misc. Case No.36 of 1982.

(2.) THE petitioner herein is the pre-emptor and he filed an application under Section 8 of the West Bengal land Reforms Act against the opposite party herein for pre-emption in respect of the land in case as mentioned in the schedule of the said application and such application was registered as Misc. Case No.36 of 1982. THE petitioner has contended that the opposite party is a stranger purchaser of the land in case. THE petitioner has claimed pre-emption over the land in case on the ground of cosharership. THE matter is contested and the learned Trial Judge has dismissed the said misc. case on the ground of limitation. Being aggrieved, the petitioner preferred a misc. appeal being Misc. Appeal No.102 of 1992 and the said misc. appeal was also dismissed by the impugned order. Being aggrieved, this application has been preferred.

(3.) IN view of the submissions made by the learned advocates of both the sides, I am to consider whether the learned Trial judge was justified in dismissing the misc. appeal on the ground stated in the body of the judgment.