APARNA GHOSH Vs. SARUPCHAND ROYCHOWDHARY

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is at the instance of a pre-emptee in proceedings under Section 8 of the West Bengal Land Reforms Act (hereinafter referred to as the Act) and is directed against Order No.146 dated 10th February, 2003 passed by the learned Civil Judge, Junior Division, 2nd Court, Katwa in Misc. Case No. 39 of 1993 thereby allowing an application for amendment of the application for pre-emption.

(2.) The Opposite Party No. 1 filed the aforesaid application under Section 8 of the Act for pre-emption on the ground of adjoining ownership. Subsequently, the pre-emptor filed an application for amendment of the original application for pre-emption for incorporating the ground of co-sharership of the holding in accordance with the then law but on objection raised by the present petitioner, the learned Trial Judge rejected such application for amendment. It appears from the record that the pre-emptor did not challenge such order by moving any higherforum.

(3.) Subsequently, after amendment of the Act by incorporation of the word "plot" in place of the word "holding" in Section 8 of the Act, the Opposite Party No. 1 filed another application for amendment of the original application thereby alleging that in view of amendment of the aforesaid provision, he was entitled to get pre-emption also on the ground of co-sharership of the plot concerned.