RASH BEHARI GHOSH Vs. BHABANI PRASAD GHOSH

JUDGEMENT

(1.) This revisional application is directed against an order dated October 4, 1996, passed by the learned Additional District Judge, 2nd Court, Howrah in Misc. Appeal no. 166 of 1992 arising out of an order dated May 29, 1992 passed by the learned Munsif, Additional Court, Uluberia in L.R. Case no. 59 of 1988.

(2.) The relevant facts of the case are as follows.

(3.) Plot no. 1121 of Mauza Banitabla, P.S. - Uluberia, District - Howrah, was sold by One Ajit Ghosh and Ors. to petitioner nos. 1 to 8 and the predecessors-in-interest of the other petitioners by sale deed dated December 12, 1985. One Tarak Das Ghosh filed L.R. Case no. 1 of 1987 in the Court of learned Munsif, Uluberia, Howrah, under Sec. 8 of the West Bengal Land Reforms Act, 1955, to pre-empt the said sale on the ground that he is a co-sharer raiyat and also on the ground of vicinage, claiming that he had the longest common boundary with the disputed land. Although the land in question was sold in favour of the petitioners at and for a consideration of Rs.6,000.00, Tarak deposited only Rs.1,100.00 claiming that Rs.6,000.00 shown in the sale deed was an inflated figure. The petitioners herein contested the said L.R. Case by filing written statement wherein they denied the material averments made in the application for pre-emption.