LAWS(CAL)-1981-5-22

ALAM SHEIKH AND OTHERS Vs. AKIMUDDIN SHEIKH

Decided On May 04, 1981
Alam Sheikh And Others Appellant
V/S
Akimuddin Sheikh Respondents

JUDGEMENT

(1.) Two applications for pre-emption, which gave rise to Misc Cases Nos. 134 of 1973 and 186 of 1974, were filed for pre-emption under Sec. 8 of the West Bengal Land Reforms Act. The allegation was that Indu Bhusan Khan was the recorded tenant. After his death that property devolved on his widow, Gobinda Debi. On the 22nd Jan., 1970, she gifted that properly to Monoranjan and Bibhuti Bhusan. On the 10th April, 1971, Bibhuti Bhusan sold a portion of the property to the pre-emptor by a registered kobala. On the 22nd Sept., 1971, Monoranjan transferred the disputed property to the opposite party for Rs. 1500.00 and this gave rise to the filing of Misc. Case No. 134 of 1973. On the 1st Dec. 1971, the pre-emptor opposite party before the learned Munsif purchased the property in question by a registered kobala from Monoranjan for Rs. 1500.00. Then Misc. Case No. 186 of 1974 was filed. The allegation was that no notice of transfer was served. The petitioner was a co-sharer.

(2.) An objection was filed that opposite parties Nos. 2-4 were minors and hence, the applications for pre-emption were not maintainable.

(3.) The learned Munsif stated that only the opposite party No. 4 (Moti-bur SK) was a minor. But he was not represented by a guardian. Hence the applications for pre-emption were not maintainable. On that finding both the Misc. Cases were dismissed. Two appeals were filed, namely, Misc. Appeals Nos. 43 and 44 of 1977. The learned District Judge allowed both the appeals and granted the prayers for pre emption. Hence these two revisional applications.