SWAJIT SANKAR MOOKHERJEE Vs. GOUTAM GHOSH

JUDGEMENT

(1.) The present revisional application is directed against the judgment and order dated December 22, 2022, passed by the learned Additional District Judge, Fast Track, 2nd Court, Krishnagar, Nadia, in Misc. Appeal No.22 of 2021.

(2.) The learned appellate court allowed the appeal filed by the pre- emptees upon reversing the judgment and order dated September 10, 2021, passed by the learned Civil Judge (Junior Division), 2nd Court, Krishnagar, Nadia, in Misc. Pre-emption Case No.18 of 2016. The learned trial judge had allowed the pre-emption application and decreed the same in favour of the petitioner. The Misc. Appeal, challenging the said order of pre-emption was filed on the following grounds:-

(3.) The learned appellate court allowed the Misc. Appeal on the ground that the preemption case was not maintainable as the preemptor did not deposit the entire sale consideration along with 10% of the amount when the premption application was filed. On the issue of co- sharership, the learned appellate court opined that as a part of the portion of land occupied by a co-sharer was sold, the pre-emptor was rightly held to be a non-notified co-sharer. The period of limitation would be one year from the date of completion of the sale. The learned appellate court also held that the letters which were issued by Bijay Sankar Mukherjee, to Supriyo Mukherjee, could not be treated as a notice as contemplated under Sec. 5(5) of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the said Act).