BHADRESWAR BERA Vs. MATHURA MOHAN SHAW

JUDGEMENT

(1.) This 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 dated 5th May, 2004 passed by the learned Additional District Judge, lst Track Court, Chandernagore in Misc. Appeal No. 167 of 1995 thereby setting aside Order No. 24 dated August 30, 1995 passed by the Munsif, 1st Court, Chandernagore in Misc. Case No. 10 of 1987.

(2.) The opposite party No.1 filed the aforesaid Misc. Case No. 10 of 1987 under section 8 of the Act for pre-empting a sale transaction executed by opposite party Nos.2 to 6 in favour of the present petitioner on the allegation that he is an adjoining owner of the plots involved in the said transaction.

(3.) There is no dispute that by a registered sale deed executed on 8th October, 1986 the opposite party Nos.2 to 6 transferred two plots, namely, plot Nos. 1034 and 87 in favour of the present petitioner. The specific case of the pre-emptor is that he is the co-sharer of the adjoining plots, namely, plot Nos. 1033 and 85. The opposite party No. 1 claimed that the plot No. 1033 is adjoining to plot No. 1034 while plot No.85 is contiguous to plot No. 87.