ISMAIL SK Vs. FOSIUDDIN MONDAL

JUDGEMENT

(1.) These two Rules are directed against an appellate order passed in Misc. Appeal Nos. 87/78 and 88/78 of the 3rd Court of the Id. Additional District Judge, Murshidabad affirming an order of preemption under Sec. 8 of the West Bengal Land Reforms Act passed in Misc. Case Nos. 19/77 and 20/77 of the 2nd Court of Munsif at Jangipur. The miscellaneous cases were disposed of by a common judgment and the appeals too were heard analogously.

(2.) Both the courts below having allowed the prayer for pre -emption, the petitioners in these revisional applications have raised a short point in opposing the order, namely whether the court could legally make any order for pre -emption in view of the provisions of Sec. 14 -M of the Land Reforms Act. (hereinafter referred to as the Act), without determination of the ceiling area mentioned in the said section.

(3.) Sec. 14 -M appertains to Chapter IIB of the Act which was introduced by the West Bengal Land Reforms (Amendment) Act. 1971. The Sec. provides for a ceiling area which the different categories of raiyats referred to in the various sub -sections of Sec. 14 -M, may hold and retain. Lands in excess of such area vest in the State in view of Sec. 14 -S of the Act. With the introduction of Chapter IIB, Sec. 8 also was amended. The section, in material part now reads as follows: - - "(1), If a portion or share of a holding of a raiyat is transferred to any person other than a co -sharer in the holding, any co -sharer raiyat of the holding may, within three months of the service of the notice given under Sub -section (5) of Sec. 5 or any raiyat possessing land adjoining such holding, may within four months of the date of such transfer, apply to the Munsif having territorial jurisdiction, for transfer of the said portion or share of the holding to him, subject to the limit mentioned in Sec. 14 -M on deposit of the consideration money together with a further sum of ten per cent of that amount."