HARADHAN SAHA Vs. TRIPURDESHWAR MUKHERJEE

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India is at the instance of the pre-emptees in a proceeding under Sec. 8 and 9 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as 'the said Act of 1955' in short) and is directed against the judgment and order dated August 06, 2019 passed by the learned Additional District Judge, Kandi, District- Murshidabad in Misc. Appeal (L.R.) No. 03 of 2019 thereby affirming the judgment and order dated January 05, 2019 passed by the 1st Court of learned Civil Judge (Junior Division), Kandi in Misc. (L.R.) Case No. 25 of 2016.

(2.) The pre-emptors, the opposite parties herein, filed an application under Sec. 8 of the said Act of 1955 in the 1st Court of learned Civil Judge (Junior Division), Kandi, District- Murshidabad being the aforesaid Misc. (L.R.) Case No. 25 of 2016 to pre-empt the transfer of suit property in favour of the pre-emptees.

(3.) The pre-emptors sought to pre-empt the said transfer on the ground that they being non-notified co-sharers of the suit plots are entitled to preempt the said transfer. The main ground on which the pre-emptees resisted the said claim of the pre-emptors was that the application for pre-emption being filed beyond the prescribed period of limitation is not maintainable.