HRISHIKESH CHANDRA GHORAI Vs. BANABEHARI PAIRA

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India challenges the order passed by learned Additional District Judge, 3rd Court, Midnapore in Misc. Appeal No. 127 of 1997, affirming thereby the order passed by learned Civil Judge, Junior Division, 1st Court, Contai, Midnapore in J. Misc. Case No. 102 of 1981 under Sec. 8 of the West Bengal Land Reforms Act, 1955.

(2.) For the sake of convenience the parties to this proceeding would be referred to as they have been arrayed in the said case.

(3.) Fact of the case in brief is that by a registered katala dtd. 19/3/1979, the petitioner Hrishikesh Chandra Ghorai (since deceased) purchased the properties comprised within Dag No. 97, 98, 99 and 106 under Khatian No. 185 measuring about 27 decimal of land from Amarendra Nath Paira. It is adverted further that Maheswar Paira acquired the property by virtue of a deed of partition executed on 23/3/1957 and became absolute owner of the same. On 21/4/1968 Maheswar Paira executed a Nirupan Patra which was registered on 10/5/1968. By executing the instrument Maheswar Paira transferred the property to his two sons, Amarendra Nath Paira and Debendra Nath Paira with definite demarcation, by which 28 decimal of land was allotted to Amarendra Nath Paira, which was acquired by Hrishikesh Chandra Ghorai by purchase and 27 decimal of land was given to Debendra Nath Paira. Debendra Nath Paira filed an application under Sec. 8 of the West Bengal Land Reforms Act in exercise of his right of preemption as co-sharer as well as adjoining land owner. It is contended by Debendra Nath Paira that there is a pond within the plot no. 99 which is a joint property.