ARUN PRASAD MONDAL Vs. KARTICK GOSWAMI

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against order dated 19th March, 2013 made by the Additional District Judge, 4th Court at Alipore in Misc. Appeal no. 41 of 2004 by which the appeal of the petitioner/pre -emptee was dismissed.

(2.) THE opposite party/pre -emptor had made an application for pre -emption stating, inter alia, the petitioner/pre -emptee obtained transfer of the suit property by registered sale deed dated 14th October, 1988. The said opposite party alleged he came to know about the transfer only when the petitioner/pre -emptee came to take possession of the suit property on 5th September, 1989.

(3.) MR . Banerjee, then submitted even according to the opposite party/pre -emptor he is a co -sharer and not the exclusive owner of the plot which lies to the east of the case plot. Section 8 of the West Bengal Land Reforms Act, 1955 provides that any raiyat possessing land adjoining such plot of land may within four months of the date of transfer apply for pre -emption.