SAYAN SARKAR Vs. PURNENDU BANERJEE

JUDGEMENT

(1.) The revisional application arises out of an order dated April 01, 2023, passed by the learned Civil Judge, (Junior Division), 6th Court at Alipore, district South 24 Parganas, in Misc. Case No.04 of 2022.

(2.) By the order impugned, the learned court allowed an application for local investigation. Misc. Case 04 of 2022 was an application under Sec. 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as said Act). The learned court was of the view that in order to prove whether the properties were adjacent to each other, positive evidence was necessary. The prayer of the preemptor/opposite party No.1, for appointment of an investigation commissioner was allowed. Whether the property of the preemptor was adjacent to the property sold to the petitioner and other local features of the property, were sought to ascertained.

(3.) The petitioner is the pre-emptee and the opposite party No.1 as preemptor had filed an application under Sec. 8 of the said Act, in the court of the learned Civil Judge (Junior Division), 6th Court at Alipore, district 24 Parganas (south).