SOVANA DEY Vs. TAPABAN DEY

JUDGEMENT

(1.) This revisional application is directed against the judgment and order dated March 21, 2007, passed by the Additional District and Sessions Judge, F.T.C (1st), Raygunge, Uttar Dinajpur, in Misc. Appeal:- 07/2005 (Sobhana Dey v. Tapaban Kumar Dey), dismissing the appeal and affirming the judgment and order dated July 26, 2005, passed by the Civil Judge (Junior Division), Raiganj, Uttar Dinajpur, in Misc. Case No. 17/2003, whereby the present petitioner's application for pre-emption under Sec. 8 of the West Bengal Land Reforms Act, 1955 (in short, 'the said Act') was dismissed.

(2.) The petitioner claimed right of pre-emption both on the basis of being a co-sharer and also on the basis of vicinage. The learned Trial Court came to a categorical finding that the vendor of the land in question, prior to selling the same to the opposite party herein, had written a letter to the petitioner offering to sell the said land (3 katahs) to her at a price of Rupees Eighty Thousand per katah. However, the petitioner at that time had expressed her financial inability to purchase the said land at that price. Thereafter the land was sold by the vendor to the opposite party herein.

(3.) It was also contended by the petitioner before the learned Trial Court that the price of the land mentioned in the sale deed executed in favour of the opposite party is inflated. On that pretext, the petitioner did not deposit the entire consideration amount plus 10% as required under Sec. 8 of the said Act for exercising the right of pre-emption. The learned Trial Court found on the basis of evidence adduced that there is no reason to hold that the consideration amount shown in the impugned sale deed is inflated.