LEKHA DUARY Vs. RANJIT RANA

JUDGEMENT

(1.) THIS application is at the instance of the opposite party no.1 and is directed against the Order No.42 dated May 29, 2010 passed by the learned Civil Judge (Junior Division), 2nd Court, Uluberia in L.R. Case No.42 of 2006 under Section 8 of the W.B.L.R. Act, 1955.

(2.) THE short fact is that the petitioner / opposite party herein instituted a case being L.R. Case No.42 of 2006 under Sections 8 and 9 of the West Bengal Land Reforms Act, 1955 against the petitioner and other opposite party before the appropriate Court. He has claimed pre-emption on the ground that he is a co-sharer of the plot in case and that the opposite party no.1 / petitioner herein is a stranger to the plot in case and all of a sudden on August 17, 2002, the petitioner herein came to the plot in case for fishing. At that time, the opposite party raised objection and he knew that the petitioner had purchased the entire share of the opposite party no.2 of the said case and that an inflated price had been mentioned in the deed of sale. For that reason, he has filed the said case for pre-emption. THE petitioner is contesting the said case and he filed an application praying for dismissal of the case on the ground of limitation. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) MR. Pradip Roy, learned Advocate appearing for the petitioner has referred to the decision of Gopal Sardar v. Karuna Sardar reported in (2004)4 SCC 252 and thus, he submits that Section 5 of the Limitation Act will not be applicable in respect of a proceeding under Section 8 of the W.B.L.R. Act, 1955. For convenience paragraph no.13 of the said decision is quoted below:-