PURNA CHANDRA DAS Vs. DULAL CHANDRA PARYA

JUDGEMENT

(1.) The order dated 28th September, 2012 passed by the learned 6th Additional District Judge, Paschim Medinipur in Misc Appeal No. 35 of 2011 allowing the permission in favour of the pre -emptor/petitioner reversal of the order dated 28th January, 2011 passed by the learned Civil Judge, Junior Division 1st Court, Paschim Medinipur in Misc. Case No. 32 of 2009 is under challenge in this revisional application. Facts revealed in this case is that one Gourhari Adak was the owner of 19 decimals of land in plot No. 566 under Mouza - - Khelna under P.S. Sabong, Paschim Medinipur out of total 19 decimals of land Gourhari sold 9 decimals to the opposite party/pre -emptor by a registered sale -deed dated 14th June, 1994 and delivered possession in favour of the opposite party/pre -emptor. Thereafter, said Gourhari while exercising his right, title and interest and possession over the rest 10 decimals of land, transferred 9 decimals to the petitioner/pre -emptee by virtue of registered sale -deed dated 5th June, 2009. The registration was completed on the same day. After the said 9 decimals was transferred, the opposite party/pre -emptor filed one application for preemption of 9 decimals of land in question which was transferred to the petitioner/pre -emptee. The petitioner/pre -emptee contested the preemption case by filing his objection against the petition filed by the opposite party/pre -emptor. Paragraph 13 of the written objection filed by the petitioner/pre -emptee is quoted hereunder:

(2.) In the written objection the petitioner/pre -emptee claimed entire portion of the land, since transferred in his favour and the petitioner having no adjoining land to the suit plot and the petitioner being neither a co -sharer nor holding of the adjacent land of the suit plot, the case of preemption is not maintainable.

(3.) Considering the case made out by the respective parties, the learned Trial Court formulated seven issues, which are as follows: