SATISH CHANDRA SARKAR Vs. SANDHYA SARKAR

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India is directed against an appellate order passed in connection with a pre-emption proceeding on 20th May, 2004 by the learned Additional District Judge Fast Track Court-ll, Ranaghat, District Nadia in Misc. Appeal No. 66 of 2001 reversing the judgment and order dated 5th May, 2001 passed by the Learned Civil Judge. (Junior Division), 1st Court, Nadia in Misc. Case No. 107 of 1989.

(2.) The pre-emptee is the petitioner before this Court.

(3.) The application for pre-emption was rejected by the learned Civil Judge, Junior Division, 1st Court, Nadia on the grounds that since the land sought to be pre-empted was purchased by the Bargadar, application for pre-emption does not lie in view of the exemption as mentioned in Section 8(2) (e) of the West Bengal Land Reforms Act. Being aggrieved by and dissatisfied with the said order, the pre-emption opposite party preferred an appeal being Misc. Appeal No. 66 of 2001 before the learned Additional District Judge, Fast Track Court-ll, Ranaghat, Nadia. It appears that the Learned Appellate Court after considering the materials-on-record, allowed the said application for pre-emption holding that the pre-emptors are contiguous owners and they applied to exercise their right of pre-emption within the period as prescribed under the statute. The learned Appellate Court dis-believed the claim of the petitioner-pre-emptee to the effect that the pre-emptee was a bargadar in respect of the suit property under the transferor prior to the impugned sale. The said finding was arrived at by the learned Appellate Court by relying upon the report submitted by the BL & LRO, Hanskhali, Nadia in terms of a reference under Section 21 (3) of the West Bengal Land Reforms Act.