TARULATA MAHANTA Vs. HARIPADA SARKAR

JUDGEMENT

(1.) This application is at the instance of the pre-emptee and is directed against the Order dated September 9, 1994 passed by the learned Additional District Judge, 2 nd Court, Balurghat in Misc. Appeal No.13 of 1991 thereby affirming the judgment and order No.30 dated December 20, 1990 passed by the learned Munsif, Balurghat, West Dinajpur allowing an application for pre-emption under Section 8 of the West Bengal Land Reforms Act.

(2.) In 1987, the opposite party instituted a Misc. Case being Misc. Case No.35 of 1987 before the learned Munsif, Balurghat for pre-emption under Section 8 of the West Bengal Land Reforms Act, 1955 with an alternative prayer under Section 24 of the West Bengal Non-Agricultural Tenancy Act, 1949. The petitioner filed her written objection against the said Misc. Case denying the material allegations contained in the Misc. Case. Both the parties adduced evidence on the said Misc. Case and then the learned Trial Judge allowed the said Misc. Case on contest on December 30/20, 1990.

(3.) Being aggrieved, the petitioner herein preferred a Misc. Appeal being Misc. Appeal No.13 of 1991 and the said Misc. Appeal was also dismissed on contest. Being aggrieved, this application has been preferred by the pre-emptee / petitioner herein. Now, the question is whether the impugned order should be sustained.