SIRAJUDDIN MONDAL Vs. SAMSUNNESHA

JUDGEMENT

(1.) This application is at the instance of the pre-emptees and is directed against the order dated December 13, 2006 passed by the learned District Judge, Hooghly in Misc. Appeal No. 94 of 2005 thereby affirming the Order No. 67 dated July 30, 2005 passed by the learned Civil Judge (Junior Division), 1st Court, Serampore in Misc. Case No. 29 of 1995 under section 8 of the West Bengal Land Reforms Act, 1955. The pre-emptors/opposite parties and the proforma opposite parties Nos. 4 to 6 had right, title and interest over the 'Ka' schedule pond and they were carrying on pisciculture therein and they took shares of the usufructs according to their shares in the said property. By a Deed of Sale dated January 9, 2005, the pre-emptees/petitioners herein purchased a portion of the said pond from the opposite party Nos. 4 to 6 and the said purchased property, i.e., the land in case had been described in Schedule 'Kha' to the application. The pre-emptors did not get any notice of such sale. They are the co-sharers of the said land in case and they have the longest common boundary with the land in case and as such, they have prayed for preemption under section 8 of the West Bengal Land Reforms Act, 1955 and they have complied with the terms of the said section for that purpose.

(2.) The petitioners have contested the said application for pre-emption denying the material allegations contained in the application for pre-emption and they have specifically stated that when they purchased the 'Kha' schedule property on January 9, 2005, the pre-emptors did not come forward in spite of knowledge. The pre-emptees have their property and homestead situated towards East and South of the land in case. The property in case is a pond and it is impartible and as such, the application under section 8 of the said Act of 1955 is not maintainable and it is liable to be dismissed.

(3.) Both the parties adduced evidence and on the basis of the evidence on record, the learned Trial Judge allowed the application for pre-emption holding that the valuation of the property would be to the tune of Rs. 7,500/- and as such, the pre-emptors had been directed to deposit the balance amount within 60 days from the date of the order of the learned Trial Judge.