BANGSODHAR ROY Vs. PUSPA MONDAL

JUDGEMENT

(1.) This application is at the instance of the pre-emptee and is directed against the judgment and order dated May 14, 2012 passed by the learned Additional District Judge, 5th Fast Track Court, Barrackpore in Misc. Appeal No.102 of 2006 thereby reversing the Order No.52 dated September 21, 2006 passed by the learned Civil Judge (Junior Division), 4th Court, Sealdah in Misc. Case No.40 of 2003 under Section 8 of the West Bengal Land Reforms Act, 1955.

(2.) The pre-emptors/opposite parties herein filed an application under Section 8(1) of the West Bengal Land Reforms Act, 1955 being the Misc. Case No.40 of 2003 against the petitioners before the learned Trial Judge for pre-emption. The pre-emptee contested the said misc. case by filing a written objection denying the material allegations contained in the misc. case. Upon consideration of the evidence on record, the learned Trial Judge dismissed the said misc. case on contests. Being aggrieved, the pre-emptors preferred an appeal being Misc. Appeal No.102 of 2006 which was allowed by the impugned order by the learned Additional District Judge, 5th Fast Track Court, Barrackpore. Being aggrieved, the pre-emptee has preferred this application.

(3.) Now, the question is whether the pre-emptors are entitled to get an order of pre-emption in respect of the land in case.