DIBAKAR ROY Vs. MAHADEB SAMANTA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order no. 32 dtd. 17/8/2019 passed by the Additional District Judge, 1st Court, Suri, Birbhum in Miscellaneous appeal No. 2/2017, present application under Article 227 of the Constitution of India has been preferred.

(2.) Petitioners contended that the petitioner filed an application under sec. 8 of the West Bengal Land Reforms Act 1955 before the Civil Judge, (Junior Division) 1st Court at Bolpur being Misc. Case No. 28/2011. Petitioner's contention in the said pre-emption case is that 'kha' schedule property originally belonged to Nilkantha Roy and after his death the same was devolved upon his three sons namely Ganapati, Sripati and Ramapati Roy in equal share. Subsequently 1/3rd share of Sripati devolved upon his five sons, out of which pre-emptor is one of the said sons. Property in question never partitioned among co-sharers. Subsequently 1/3rd share of Rampati devolved upon his two sons Gadadhar and Gangadhar. Gadadhar and his wife subsequently transferred their share in favour of pre-emptee described in 'kha' schedule. The pre-emptee is a stranger to the property in question, therefore on the ground of co-sharership the petitioner is entitled to pre-empt the transaction.

(3.) Opposite party contested the said application by filing written objection contending that the opposite party is not the stranger to the property in question but he is the co-sharer of the holding of the original raiyat. He further contended that the application for preemption is barred as the petitioners have prayed for partial pre-emption, which is not permissible in the eye of law. Accordingly prayed for rejection of pre-emption application.