BROJENDRA NATH MONDAL Vs. SUSHIL KUMAR SAHA

JUDGEMENT

(1.) This Revisional application is at the instance of the pre-emptee and it arises out of an application for pre-emption under section 8 of the West Bengal Land Reforms Act which has been allowed concurrently by two courts.

(2.) Land measuring 0.04 acres out of R. S. Plot No. 2019 Mouza Deuli P.S. Balda, District Midnapore was sold on July 8, 1976 to the pre-emptee petitioner before us by Nanibala Maity and that was the subject matter of pre-emption at the instance of Sushil Kumar Saha, the pre-emptor who is admittedly a co-sharer of the holding by purchase.

(3.) The said application for pre-emption was resisted by the pre-emptee on several grounds all of which failed when both the courts concurrently allowed the claim for pre-emption. For our present revisional application two of the defences are relevant since those are the points which had been pressed before us. The first of those two grounds was that the suit land being non-agricultural land, an application under section 8 of the West Bengal Land Reforms Act was not maintainable. The second ground pleaded was that the pre-emptee himself being a co-sharer by previous purchase, a sale to him cannot be the subject matter of pre-emption by other co-sharers.