NAMITA BISWAS Vs. STATE

JUDGEMENT

(1.) THE short question involved in this case is, whether an application for pre-emption under Section 8 of the West Bengal Land reforms act, 1955 is maintainable, even if the pre-emptor does not deposit the consideration money together with statutory interest along with such application or in other words, whether such deposit is a condition precedent.

(2.) THE petitioner who was the pre-emptor, raised an objection on the ground of maintainability to the opposite party's filing application under section 8 of the Land Reforms Act for pre-emption without depositing the consideration money plus interest along with such application as provided in section 8 (1) of the aforesaid Act. By the impugned order, the said objection was negatived by the learned Munsif and the said order is being challenged in revision.

(3.) IT is stated in Section 8 (1) of the West Bengal Land Reforms Act, 1955 as follows :-"8 (1) Right of purchase by oo-sharer or contiguous tenant - If a portion or share of a holding of raiyat is transferred to any person other than a co-sharer in the holding. [the bargadar in the holding may, within three months of the date of such transfer, or] any co-sharer raiyat of the holding may, within three months of the service of the notice given under sub-section (5) of Section 5, or any raiyat possessing land adjoining such holding, may within four months of the date of such transfer, apply to the [munsif having territorial jurisdiction ] for transfer of the said portion or share of the holding to him subject to the limit mentioned in [section 14-M J, on deposit of the consideration money together with a further sum of ten percent of that amount.