SWAPAN KUMAR SEN Vs. ASIT KUMAR MONDAL

JUDGEMENT

(1.) THIS revisional application is directed against an order No.108 dated 12.09.2003 passed by learned Civil Judge, (Junior Division) First Court, at Howrah in L.R Miscellaneous Case No.8 of 1992 by which an application for amendment of the original application was allowed.

(2.) THE opposite party No.1 being the co-sharer of the adjoining plot, prayed for the decree for preemption under Section 8 of the West Bengal Land Reforms Act which was registered as Miscellaneous Case No.8 of 1992 before the learned Civil Judge (Junior Division) First Court, Howrah. It is alleged in the said original application that the mother of the petitioner as well as proforma opposite party No.4 to 10 namely Sabitri Mondal, was the original owner of Plot No.17171 comprising more less 3 cottah and 6 chattaks 26 sq.ft on the basis of the registered deed of sale dated 1st April, 1970. Upon her death the petitioner and the other proforma opposite parties became the joint owners by virtue of inheritance. THE total area of land comprised in the said plot was .87 decimal. It is alleged that the opposite party No.2 and 3 who were the owner to the extent of 2 cottah 5 chattaks transferred and conveyed the said plot of land to the petitioner herein on the strength of deed dated 16.12.1991. It is lastly alleged that being one of the co-sharer of the adjoining land the opposite party No.1 has right to claim preemption under Section 8 of the West Bengal Land Reforms Act.

(3.) AFTER the preemption of evidence, several applications were taken out by the opposite party No.1 including an application under Order 11 Rule 1 and Rule 4 of the Code of Civil Procedure which was ultimately rejected by the trial court.