RATAN DHAR Vs. SUNIL KUMAR PAL

JUDGEMENT

(1.) This Court has no determination to hear a revisional application of the year 2005, but for proper adjudication of the issue involved in C.O. No. 1366 of 2021, the revisional application no. C.O. 639 of 2005 need to be heard analogously with C.O. No. 1366 of 2021 as both the revisional application arises out of a decree of preemption passed in Misc. Appeal 106 of 1993, by learned Additional District Judge, Hooghly on 3/12/2003. Therefore, both the above C.Os are considered analogously.

(2.) Facts which is necessary for determination of the both the revisional applications, in gist is that present opposite parties Anil Kumar Pal and Sunil Kumar Pal have filed preemption case under Sec. 8 of the West Bengal Land Reform Act, 1955 being Misc. Case No. 20 of 1991 against the petitioner for preemption of 1 Katha, 15 Chattak and 15 Sqft. in the Court of the First Munsif at Seramore. The learned trial court was pleased to dismiss such preemption case on 13/9/1993.

(3.) Being aggrieved by such order of dismissal the preemptor Anil Kumar Pal and Sunil Kumar Pal have preferred a Misc. Appeal No.106 of 1993 before learned District Judge, Hooghly. The Appeal was finally heard by the Additional District Judge Hooghly and was pleased to allow the appeal granting preemption in respect of "KA " schedule property and directed the appellants to deposit the balance consideration money along with statutory compensation thereof within one month from the date of order. Subsequently, on the prayer of the appellants, time for deposit was further extended by another month and was pleased to reject the application for Review of such order filed by respondent/ the present petitioner.