BANKIM BEHARI MAITY Vs. GANESH CH DHAL

JUDGEMENT

(1.) THIS revisional application, is directed against an appellate order dated 23. 6. 80 passed by the learned Additional District Judge, 5th Court, Midnapore reversing an order of the learned Munsif 3rd Court, midnapore who had allowed the petitioner's application under Section 8 of the west Bengal Land Reforms Act (hereinafter called the Act) for pre-emption of a portion of the raiyat holding recorded in R. S. Khatian No. 69 of Mouja Mathpukur.

(2.) IT appears that the raiyat holding appertaining to R. S. Khatian No. 69 of mouja Mathpukur belonged to Rajandra Nath Maity and devolved after his death on Bankins, the petitioner and amulya who became co-sharers by [inheritance Thereafter Amulya transferred 54 acre land out of Plot No. 1197 measuring 94 acre of the said holding to the opposite party Nos. 1 and 2 by a kobala dated 23. 4. 74 which was registered on 26. 7. 74. No notice under Section 5 (4) of the Act was served on the petitioner. The petitioner came to know of the said transfer on 7. 1. 77. and applied for pre-emption on 21. 2. 77.

(3.) THE opposite parties contested the application by pleading that as there was previous partition of the disputed holding between the petitioner and Amulya they were not co sharers at the time of transfer in question and that the disputed transaction was a loan in substance as it was subject to an agreement far re-conveyance.