MAYA RANI HAZRA Vs. NARAYAN CHANDRA ROY

JUDGEMENT

(1.) In the present revision the question of right of preemption in case of sale/conveyance of the entire share of a raiyat is relevant. Sec. 8 of the West Bengal Land Reforms Act, 1955 ('1955 Act' for short) is the relevant provision dealing with the right of preemption. The Sec. reads thus:

(2.) The cursory reading of the aforesaid provision makes it clear that right of pre-emption is available to the following persons in order of preference (i) bargadar as defined in Sec. 2 of the Act, (ii) cosharer of a raiyat, (iii) raiyat holding land adjoining to the land/plot in question. The opening words of Sec. 8 refers to portion or share of a plot of land of a raiyat. If we read the word 'or' in its generic sense then it is a particle used to connect both the words i.e. 'portion' and 'share'. It may also be read as a disjunctive to separate both the words i.e. 'portion' and 'share'. The aforesaid question as to whether in the event of sale of share of a raiyat the right of pre-emption survives or not has taxed the ingenuity of so many Hon'ble Judges of this Court and various contradictory judgments have been passed by different Benches.

(3.) There is no definition of 'portion' or 'share' in the act. If the word 'or' is used in its generic sense as discussed supra, in a piece of land share of a co-sharer may be a portion of the plot. Similarly, the share of a co-sharer in a particular piece of land or plot may refer to a portion of a plot only. It depends on the reading of the matter in peculiarity of facts in each case.