TAPAN KUMAR CHANDA Vs. GOBINDA KUMAR BHAKAT

JUDGEMENT

(1.) This revision application under Article 227 is directed against the order dtd. 5/4/2016 passed Ld. Additional District Court 1st Court, Serampore, Hooghly in Civil Revision no, 80 of 2015 arising out of an order dtd. 13/7/2015 passed by Ld. Civil Judge (Junior Division) 2nd Court, Serampore, in connection with pre-emption Misc. Case No. 258 of 2014.

(2.) In disposing an application under 7 rule 11 of the Civil Procedure Code, 1908 Ld. Judge returned a finding that the plot in question was well demarcated and defined by boundaries having its unique separate identity and therefore pre-emption application under Sec. 8 of the West Bengal Land Reforms Act, 1956 (hereinafter referred to as W.B.L.R Act) was turned down. The application under order 7 rule 11 of Civil Procedure Code, 1908 (hereinafter referred to as C.P.C) was allowed.

(3.) Being aggrieved by and dissatisfied with the said order revisional application was filed before the Learned Additional District Judge, 1st Court Serampore, challenging the order passed by Ld. Civil judge (junior division) on the score that the petitioner being a co-sharer as well as contiguous Rayat having longest boundary of the property mentioned in schedule 'A1' to the pre-emption petition, is entitle to pre-empt the said land under sec. 8 of the W.B.L.R Act, 1956.