MOIFUL SHEIK Vs. MD. MANSUR ALI.

JUDGEMENT

(1.) This application is at the instance of the pre-emptor and is directed against the judgment and Order dated August 14, 2012 passed by the learned District Judge, Malda in Misc. Appeal No.7 of 2011 thereby reversing the judgment and order of dismissal of the misc. case passed by the learned Civil Judge (Junior Division), 2nd Court, Malda in Misc. (Pre-emption) Case No.53 of 2008. Now, the question is whether the impugned order should be sustained.

(2.) Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that, while disposing of the misc. appeal arising out of an application under Section 8 of the W.B.L.R. Act, 1955, the learned First Appellate Court has simply discussed the evidence to the extent that the pre-emptor acquired right, title and interest in respect of some plots and that the heirs of Muslim had transferred some portion of the plots in case to the opposite parties of the misc. case. He has simply recorded that the learned Trial Judge has failed to appreciate Section 8 of the W.B.L.R. (Amendment) Act in its letter and sprit so, he has no option left except to take a different view. Accordingly the order of the learned Court bellow is set aside.

(3.) Urgent xerox certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on their usual undertaking.