ATUL MAHATO Vs. DHARANIDHAR MAHATO

JUDGEMENT

(1.) This application has been directed against judgment and order dtd. 24/9/2018 passed by the learned Additional District Judge, 3rd court Purulia in Miscellaneous Appeal no. 24 of 2015. By the impugned judgment learned court below has affirmed the judgment and order dtd. 30/7/2015 passed by learned Civil Judge (Junior Division), Purulia in Misc. (pre-emption) Case no. 9 of 2000.

(2.) Opposite party no. 1 herein namely Dharani Dhar Mahato filed aforesaid pre-emption case contending that the suit property being R.S. Plot No. 2395 has been recorded in the names of Padok Mahato and Robi Mahato in equal share, each having eight annas share therein but since they have amicable partitioned the suit property Robi Mahato was in exclusive possession of the case plot having an area 2.72 acres and after his death the said property devolved upon his two sons i.e. the opposite partis herein namely Dharani Dhar Mahato and Prahlad Mahato and accordingly the opposite parties are the alleged co shares to each other in the said property having interest of 1.36 acres of land.

(3.) Further case of the pre-emptor /opposite party no.1 is that on 1/2/2000 the opposite party no.2 herein sold a portion of his shares in the case plot by a registered sale deed in favour of the present petitioner measuring 16 ' decimals without disclosing the same to the opposite party no. 1. Moreover opposite party no. 1 has lands contiguous to the case property and as such he is entitled to pre-empt the said property.