ASITA MISHRA Vs. GANESH CHANDRA MUKHOPADHYAY

JUDGEMENT

(1.) In this revisional application the petitioner challenges the judgment and order dated 7th February, 2007 passed by the Ld. Additional District Judge, 1st Court at Bankura in Misc. Appeal No. 7 of 2005 reversing the judgment and order dated 19th March, 2005 passed by the Court of the Civil Judge (Junior Division), 1st Court, Bankura in J. Misc No. 8 of 1998. The Trial Court had allowed the petitioner's application for pre-emption under Section 8 of the West Bengal Land Reforms Act. The First Appellate Court reversed the decision of the Trial Court.

(2.) The petitioner is the owner of plot no. 20/8161. The owner of the adjacent plot of land being plot no. 20/6413 was one Gobindalal Chattopadhyay. Gobindalal sold his said plot to the opposite parties by executing a sale deed dated 14th July, 1997. The sale deed was registered on 16th January, 1998.

(3.) On or about 7th April, 1998 the petitioner made an application under Section 8 of the West Bengal Land Reforms Act before the Civil Judge (Junior Division), 1st Court, Bankura being J. Misc. No. 8 of 1998 for preempting the aforesaid sale of plot no. 20/6413. The petitioner asserted his right of pre-emption on the basis of vicinage as also on the basis of being a co-sharer of the original plot no. 20.