SANKARI BALA SANTRA Vs. TAPAN KUMAR GHANA

JUDGEMENT

(1.) THIS revisional application is directed against judgement dated 22nd of November, 2011 passed by Hon'ble Justice Md. Abdul Ghani in C. O. No.3946 of 2009. By the order impugned learned Single Judge allowed said revisional application by way of granting an order of pre -emption in respect of subject land in favour of O. P. No.1 ­4.

(2.) THE admitted position of the case is that O. P. Nos. 1 ­ 4 filed an application for pre -emption under Sections 8 and 9 of the West Bengal Land Reforms Act, 1955 (hereafter to be referred as an Act of 1955) against present petitioner purchaser vide J. Misc. Case No.40 of 2002 in the trial court. After contested hearing learned trial court dismissed said claim of pre -emptor co -sharers on the ground of limitation. The O. P. pre -emptors filed an appeal being Misc. Appeal No.7 of 2009 which was also dismissed by the learned Appellate Court on the same ground.

(3.) AFTER contested hearing learned single Judge of this court allowed the same. Learned Single Judge was of the opinion that as the pre - emptors were non -notified co -sharers they were entitled to file the petition for pre -emption within three years by invoking Article 137 of the Limitation Act, 1963 from the date of transfer. In the case in hand, the transfer took place on 12.12.1999 and the registration of the deed was finalized on 13.12.1999 and the case for pre -emption was filed on 3rd October, 2002 i. e. after two years nine months and nineteen days and accordingly learned Single Judge opined that the case was filed within time and hence the pre -emptors were entitled to get an order of pre - emption.