DEVDAS HALDER Vs. SANKAR BISWAS

JUDGEMENT

(1.) This revisional application is directed against Order No. 73 dated 7th May, 2011 passed by learned Civil Judge (Jr. Division, 1st Court, Baruipur, 24-Parganas (South) in Misc. Case No. 26 of 2005. By virtue of this order learned Court below rejected the petition dated 4th December, 2010 praying for vacating the order of striking out the defence passed by the learned Court below as well as the petition dated 7th August, 2010 filed by the revisionist challenging the maintainability of the Misc. Case for non depositing of the consideration amount together with ten per cent of the said amount. I have heard learned advocate for the revisionist (pre-emptee) as well as the learned advocates for the pre-emptee that the striking out the defence in the pre-emption case is unknown to law and learned Court had acted illegally and without jurisdiction in striking out the defence as well as refusing to vacate the order of striking out the defence. It is further submitted by the learned advocate for the revisionist that the pre-emptor/opposite party did not deposit the recorded consideration amount together with ten per cent of the said amount as per provision of section 8 of the West Bengal Land Reforms Act.

(2.) It is further submitted by the learned advocate that the pre-emptee filed petition challenging the maintainability of the case but his petition was rejected. As against the said order he preferred revisional application. Hon'ble High Court passed order directing the learned Court below to determine the actual amount of consideration money before passing final order. Since the said order was not complied with, the revisionist against filed petition challenging the maintainability of the Misc. Case. The said petition was also rejected by the learned Court below. Hence revisional application is filed by the present revisionist/pre-emptee.

(3.) On the other hand it is submitted by the learned advocate for the opposite parties pre-emptor that Hon'ble High Court rightly passed order directing the Court below to determine the actual amount of consideration money and for that purpose the evidences are to be recorded. Since the defence after pre-emptee was struck out, learned Court below fixed date for argument. It is further submitted that the revisionist/pre-emptee did not challenge the order of learned Court below whereby learned Court below allowed time as last chance on 12th April 2007 for bringing stay order of Hon'ble Court.