SOURAV BANERJEE Vs. JABA PORAL

JUDGEMENT

(1.) The present revisional application under Article 227 of the Constitution of India arises out of the impugned judgement dtd. 10/8/2018, as passed by the learned Additional District Judge, 5th Court, Howrah, in Misc. Appeal No. 162/2015. By the impugned judgement the Learned First Appellate Court reversed the order dtd. 30/7/2015, as passed by the Learned Civil Judge, Junior Division, 4th Court, Howrah in L.R Misc. Case No.33/2001 in a proceeding under Sec. 8 of the West Bengal Land Reforms Act.

(2.) In order to dispose of the instant revisional application fairly and effectively the facts leading to filing of the instant revisional application is required to be dealt with in a nut shell.

(3.) Before the learned trial court the opposite party no.1 herein filed an application under Sec. 8 of the West Bengal Land Reforms Act, 1956 (hereinafter referred to as the 'said Act') praying for pre-emption over the suit property which has been purchased by the present petitioner herein from the opposite party nos. 2 to 4 herein. As discussed earlier, the learned trial court allowed such application under Sec. 8 of the said Act in L.R Misc. Case No. 33/2001 which was challenged before the Learned Appellate Court by filing Misc. Appeal No.162/2005 and by the impugned judgement the learned Appellate Court allowed such appeal and thus set aside the order dtd. 30/7/2015, as passed by the learned trial court and thereby allowed the opposite party no.1's application for pre-emption.