CHANDRA SEKHAR SARKAR Vs. BAIDYANATH GHOSH

JUDGEMENT

(1.) The petitioner herein is the applicant for pre-emption under Section 8 of the Land Reforms Act in respect of the land purchased by the opposite parties on the ground of vicinage. As the application could not be filed within four months of the date of transfer as required by the Section, he filed an application under Section 5 of the Limitation Act for condonation of delay.

(2.) The learned Munsif, 2nd Court at Arambagh by an order dated 22-3-1980 held that Section 5 of the Limitation Act had no application in a case under Section 8 of the West Bengal Land Reforms Act particularly when the application is made on the ground of vicinage. So the application under Section 5 of the Limitation Act was rejected.

(3.) Mr. Abhijit Kumar Baneriee, the learned Advocate for the petitioner argues that in view of Section 29 (2) of the Limitation Act, Section 5 of the Limitation Act is applicable in the instant case. He further contends that there is nothing in the West Bengal Land Reforms Act excluding the provision of Limitation Act. Reference is made to the decision of the Supreme Court in the case of (1) Mangu Ram (2) M/s. Ram Parshad Gondamal v. Municipal Corporation of Delhi. At page 108 of the report Their Lordships observe as follows :--