SRI MAHAPRASAD JANA Vs. SRI LALIT MOHON BERA

JUDGEMENT

(1.) This revisional application is arising out of an order dated 9th November, 2006 passed by the learned 2nd Civil Judge (Junior Division), Uluberia in connection with an application filed under Order 7 Rule 11 of the Code of Civil Procedure by the opposite party No.1 in the pending L.R. Misc. Case No.7 of 2005.

(2.) In or about 25th August, 2005, the petitioner filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 for pre-emption of the suit property mentioned in the Schedule on the ground that the petitioner is co-sharer or co-owner in respect of the suit plot of land including various other plots of land having a rayati interest. The opposite parties in collusion and conspiracy transferred the suit land secretly showing an inflated consideration in order to defeat the right of pre-emption of the plaintiff opposite parties by and under a deed of sale dated 14th June, 2004. The opposite party/petitioner became aware of the sale deed in the earlier part of the month of June, 2004 when Sri Mahaprasad Jana with the help of the family members and other associates attempted to assert joint possession of the suit land on the strength of the said deed of sale alleged to have been sold by the opposite party Nos.2 to 7 as mentioned in L.R. Misc. Case No.7 of 2005 in his favour. The said plaint in Paragraph 15 mentions that the cause of action for the suit arose on and from 25th May, 2005 when the certified copies of the respective purchase deeds dated 14th June, 2004 were obtained from the concerned Registry Office and on that basis filed an application for pre-emption. In the said proceeding, the petitioner herein, namely, Sri Mahaprasad Jana filed an application for rejection of the plaint, inter alia, on the ground that the suit is barred by limitation. The petitioner alleged that the plaintiff claimed in Paragraph 4 of the plaint that the sale was completed on 14th June, 2004 but the petitioner had filed a case under Section 8 of the West Bengal Land Reforms Act on 25th August, 2005. The plaint does not disclose any cause of action. Moreover under the amended Section 8 of the West Bengal Land Reforms Act, the said suit is not maintainable.

(3.) The plaintiff has clearly stated that the provisions of Section 5(5) of the West Bengal Land Reforms Act, 1955 was not followed and, accordingly, there cannot be any presumption of service of notice as contemplated under Section 5 of the said Act.