SUBRATA BHATTACHARJEE Vs. ABDUL MATIN MALLICK

JUDGEMENT

(1.) The short question which has come up for consideration is the present case is, whether the executing acted without jurisdiction in directing a sale deed to be executed in favour of the successful pre-emptors under Section 8 of the West Bengal Land Reforms Act, 1955 (in short, "the 1955 Act"), as a pre-condition of proceeding further with the execution case.

(2.) The facts of the instant lis are:

(3.) On an appeal, bearing Miscellaneous Appeal No. 07 of 2014, being preferred by the pre-emptors, the Additional District and Sessions Judge, Kalna, by a judgment and order dated September 1, 2016, set aside the order of the trial Judge and allowed the pre-emption application.