NIBEDITA SAHA Vs. KABITA DASGUPTA

JUDGEMENT

(1.) This revisional application is directed against an order dated 24 November, 2011 passed by learned Additional District Judge, 1st Court, Malda in Miscellaneous Appeal No. 11 of 2011 reversing the judgment and order dated February 25, 2011 passed by learned Civil Judge (Junior Division), 1st Court, Malda in pre-emption Miscellaneous Case No. 13 of 2002 and allowing an application filed under Section 8 of the West Bengal Land Reforms Act, 1955.

(2.) The petitioner purchased the plot of land forming the subject matter in the original proceeding by a dint of purchase dated March 2, 2000 which was finally registered on March 16, 2000. The opposite party claimed to have purchased an undivided share of the larger plot by registered deed dated November 27, 1992. The opposite party laid his claim as a co-sharer of the said plot of land and initiated a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955 on April 17, 2002. It is alleged in a said pre-emption proceeding that the opposite party is a non-notified co-sharer and he came to know of the execution and registration of the said deed after obtaining the certified copy on 12.04.2002 and immediately thereafter, the instant proceeding was initiated.

(3.) The petitioner contested the said proceeding basically on two grounds firstly, that there is a prescribed period of limitation for filing an application under Section 8 of the said Act and admittedly the said application having taken out beyond the prescribed period provided therein; secondly, the plot in question is a bastu land and the preemption proceeding is not maintainable.