SABRI PROPERTIES PVT LIMITED Vs. CTS INDUSTRIES LIMITED

JUDGEMENT

(1.) This revisional application is directed against an order dated 28th January, 2013 passed by the learned Civil Judge (Junior Division), Howrah in L.R. Misc. Case No. 3 of 2013 by which an application under Order 7 Rule 11 of the Code of Civil Procedure is rejected.

(2.) Shorn of unnecessary details, an application under Section 8 of the West Bengal Land Reforms Act came to be filed by the opposite party No. 1 against the petitioner and the opposite party Nos. 2 & 3 as an adjoining co-owner having longest common boundary. According to the plaint case, a land measuring.48 Decimals comprising in R.S. Dag No. 260 corresponding to L.R. Dag No. 253, J.L. No. 51 under Domjur Police Station, District- Howrah, was seized and possessed by opposite party Nos. 2 & 3 and four other persons. It is further averred that the opposite party Nos. 2 & 3 were having.36 Decimals of land out of.48 Decimals and sold, transferred and conveyed.24 Decimals to the petitioner on 18th October, 2012 for a consideration of Rs. 1 Crore. The petitioner claimed his ownership in respect of a land comprised in R.S. Dag No. 258 corresponding to L.R. Dag No. 250 under Domjur Police Station, District-Howrah on the basis of the registered sale deed dated 4th July, 2008. The Schedule appended to the plaint would show that the description of the land is shown as bastu land for which the preemption is sought. The petitioner appeared in the suit and prayed for rejection of the plaint under Order 7 Rule 11(d) of the Code of Civil Procedure as the preemption under Section 8 of the West Bengal Land Reforms Act is not permissible in respect of bastu land. The Trial Court rejected the said application as it does not found that the bastu land is immune from being preempt taking aid of the definition of the land enshrined under Section 2(7) of the said Act.

(3.) Before this Court, the argument at the bar is restricted on the solitary point as indicated above.