AMARESH PANDA Vs. PROBODH KUMAR PANDA

JUDGEMENT

(1.) This instant revisional application filed under Article 227 of the Constitution of India emanates from the judgment and order dtd. 18/3/2006 passed by the learned Additional District Judge, First Court at Purulia in connection with Misc. Appeal No. 13 of 2004 which arose out of the order/judgment dtd. 6/2/2004 passed by the Learned Civil Judge (Junior Division), Additional Court, Purulia in connection with Misc. Case No. 94 of 1994.

(2.) Feeling aggrieved and dissatisfied with the said judgments and orders the present petitioners have preferred this instant application.

(3.) The petitioner No. 1 (since deceased) filed a case under Sec. 8 of the West Bengal Land Reforms Act, 1955 against the pre-emptee/predecessor-in-interest of the present petitioner no(s). 1(a) and 1(b) in respect of land recorded in R.S. Khatian No. 69 of Mouza Paika, District Purulia. It is undisputed that the said land originally belonged to one Gangadhar Panda. The said Gangadhar Panda died in the year 1970 leaving behind his three sons namely, Banshidhar Panda (since deceased), Sanatan Panda, Mahadev Panda (opposite party No. 2 herein) and three daughters namely Ananda Debi, Biraj Debi, Srirupa Debi and widow Smt. Bala Debi. On the death of said Gangadhar Panda all his properties including subject land devolved upon his aforesaid three sons, three daughters and widow having 1/7th share each therein. Thereafter, the said 3 daughters and widow of late Gangadhar Panda transferred their respective shares i.e. 4/7th undivided share in the scheduled property in favour of two sons of late Gangadhar Panda i.e. Banshidhar and Mahadev by dint of registered deed of gift dtd. 9/7/1985 and gave them possession.