AMITAVA SHIT Vs. BABLU KUNDU

JUDGEMENT

(1.) The pre-emptee has filed this application under Article 227 of the Constitution of India challenging order No.12 dated 24th of January, 2011 passed by learned Civil Judge (Junior Division), 1st Court at Bankura in Misc. Case No.15 of 2009.

(2.) The O. P. filed said pre-emption case under Section 8 of the West Bengal Land Reforms Act, 1955 (hereafter to be referred as the Act of 1955) praying for pre-emption. The sale of the suit property in favour of the present petitioner pre-emptee by his vendors through a sale deed dated 7th July, 2009 was the subject matter of said pre-emption case. As per recitals of said kobala dated 7th July, 2009 the consideration amount was Rs.12 lakhs. However, the O. P. pre-emptor filed said pre-emption case by depositing only Rs.1, 10,000/- alleging that actual consideration passed between the parties was Rs.1 lakhs and that remaining Rs.10,000/- was the 10 per cent thereof in terms of Section 8 of the Act of 1955.

(3.) The pre-emptee filed one application under Section 9(1) of the Act of 1955 alleging that actual consideration money passed in said sale was Rs.12 lakhs as disclosed in the deed and that he had also to pay a sum of Rs.2, 27,706/- towards stamp duty and that the pre-emptor should have filed Rs.14,27,706/- together with 10 per cent thereof totaling Rs.15,47,706/- for getting an order of pre-emption. It was further claimed in said application that the pre-emptor should be asked to file the balance amount namely 14,37,706/- in the court before proceeding with the pre-emption case. The O. P. pre-emptor filed a written objection thereof. After contested hearing learned trial court rejected said application under Section 9 (1) of the Act of 1955 by the order impugned dated 24th of January, 2011. Hence is this revisional application.