SAHABALI MONDAL Vs. MORION BIBI

JUDGEMENT

(1.) This is an application under section 115 of the Code of Civil Procedure made by Sahabali Mondal the petitioner herein for revision of an Order No.13 made by Additional District Judge, Alipore in Appeal No. 242 of 1980 dated 15.9.80 dismissing the Miscellaneous Appeal No. 242 filed by the petitioner herein against the order (No. L 58) made by the learned Munsif of Bongaon on 11.4.80.

(2.) The facts of the case shortly are Sahabali was the purchaser of the land (rayati interest of the land in question). The case of the original petitioner Morion Bibi before the learned Munsif was that Sahabali Mondal who was a stranger, purchased the land from other co-sharers on 3.6.72. The original petitioner's case before the learned Munsif was that she came to know of the transfer from local men and no notice under section 5(5) of the West Bengal Land Reforms Act was served upon her. Morion Bibi's case (the original petitioner seeking pre-emption) is that the consideration money was deposited in Court after she come to know of the said transfer from the local men together with further sum of 10% of the amount and made the application for pre-emption before the learned Munsif.

(3.) The said application was contested denying the fact that land was purchased from the co-sharers as alleged it was further contended (which is of more importance for decision of the present case) that notice of such transfer was served upon the said original petitioner as far back as on 9.6.73 and so the original petitioner's right to pre-empt was lost being barred by limitation as she did not file the application in time. The purchaser's positive case before the learned Munsif is that notice of such transfer was served on 9.6.73 upon the original petitioner seeking pre-emption and as the application was made beyond time as provided under section 8(1) of the West Bengal Land Reforms Act the application was barred by limitation.