SARAJ KANTI GHORUI Vs. SHASHADHAR GHATA

JUDGEMENT

(1.) THIS application is at the instance of the opposite party and is directed against the Order dated August 30, 2008 passed by the learned Civil Judge (Junior Division), Amta, District Howrah in L.R. Misc. Case No.23 of 2003 thereby accepting the report submitted by the learned Commissioner.

(2.) THE short fact involved in the misc. case is that the opposite party herein instituted a misc. case under Sections 8(1) and 9 of the W.B.L.R. Act for pre-emption. THE petitioner herein is contesting the said misc. case by filing a written objection contending, inter alia, that the valuation had not been properly recorded in the concerned deed. Accordingly, a Commissioner was appointed and he held an investigation relating to valuation of the property. THEreafter, he submitted a report which was accepted by the learned Trial Judge. Being aggrieved by that order, this revisional application has been preferred. Now, the question is whether the impugned order should be sustained.

(3.) ON the other hand, the petitioner herein produced two deeds which were executed on July 20, 2005, that is, more than two years later from the date of execution of the deed in question. The Commissioner did not consider such two deeds and I think he has rightly rejected the valuations as tendered by the petitioner by those two deeds.