RAM KUMAR KAJARIA Vs. CHANDRA ENGINEERING INDIA LTD

JUDGEMENT

(1.) These two Rules arise out of two pre-emption proceedings under Section 8 (1) of the West Bengal Land Reforms Act, 1955.

(2.) It appears that some of the co-sharers of the disputed holding sold portions of the same to the opposite party M/s. Chandra Engineering (India) Ltd. by two registered sale deeds dated April 2, 1966 and April 4, 1966. It is not disputed that the opposite party is a stranger in respect of the disputed holding. The petitioner alleged that he was a co-sharer raiyat of the holding and that the transfers were made without service of any notice upon the petitioner under Section 5 (5) of the West Bengal Land Reforms Act. After the petitioner came to know of the said two transfers, the petitioner made the said two applications before the Senior Land Reforms Officer on August 17, 1966, praying for pre-emption under Section 8 (1) of the Act.

(3.) The opposite party opposed the said two applications of the petitioner. It was alleged by the opposite party that the petitioner was not a co-sharer raiyat of the disputed holding and that the applications not having been filed within the period of limitation prescribed by Section 8 (1) of the Act, the applications were barred.