BASANTI MONDAL Vs. SRIKANTA MONDAL

JUDGEMENT

(1.) The heirs of pre-emptee Bamdeb Mondal have filed this application under Article 227 of the Constitution of India challenging order dated 6th of January, 2012 passed by learned Additional District Judge, 4th Court, Suri, in Misc. Appeal No.12 of 2011 by setting aside the order of rejection of pre-emption passed by learned Civil Judge (Junior Division), 2nd Court, Bolpur, Dist. Birbhum on 28.02.2011 in Misc. Case No.11 of 2007.

(2.) As none appeared to oppose this application in spite of service of notice the case was taken up for ex parte hearing. O. P. Srikanta Mondal filed this pre-emption case alleging that he and his three brothers namely Prasanta Mondal, Dhiren Mondal and Shanti Kumar Mondal jointly purchased a portion of a tank by a registered kobala dated 16th of March, 1981. His brother Prasanta Mondal, however, transferred half satak of said tank to a stranger purchaser namely Bamdeb Mondal by a registered deed of conveyance dated 28th of February, 2007. Accordingly, he filed said case for preemption of the 'ka' schedule property under Section 8 of the West Bengal Land Reforms Act in 1955.

(3.) The pre-emptee Bamdeb Mondal, since deceased, started to contest said case by filing written statement alleging that the suit was bad for partial pre-emption, for not depositing the entire consideration money of Rs.40,000/- in the court below. It was alleged that he was also a cosharer of said tank and not a stranger purchaser. On the death of said preemptee Bamdeb Mondal his heirs were brought on record.