SANKAR DAS Vs. RABINDRA CHANDRA DAS

JUDGEMENT

(1.) The order impugned passed by the Additional District Judge, Fast Track, Third Court, Siliguri, in Civil Revision Case No. 27(S) of 2003 filed against the order dated 28th October, 2003 passed by the learned Civil Judge, Junior Division, Siliguri in Misc. Judicial (Preemption) Case No. 37 of 2003 is under challenge in this revisional application.

(2.) Mrs. Sarkar, learned Counsel appearing for the petitioner, submits that the petitioner moved an application under Section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the 'Act') against the opposite party for preemption of a portion of plot No. 568 under R.S. Khatian No. 6/12, which was subsequently recorded as new plot No. 135 and new Khatian No. 216 and thereafter Khatian No. 247.

(3.) She submits that the petitioner moved one application stating that the price fixed for the land was exorbitant and not according to the current market rate. She submits that the application moved by the plaintiff/petitioner was for proper determination of the land price and also for a direction to deposit the same. She submits that the application was rejected by the learned Court below holding that there was no scope to exempt the preemptor/petitioner from depositing the consideration money. However, the learned Judge recorded that Section 9 of the Act only provides for enquiry in respect of preempting property if the transferee disputed the amount of consideration money and, therefore, at that stage, preemptor did not have any right to raise any dispute in respect of consideration money and the Court has no jurisdiction at that stage of enquiry about the actual value of the preempting property on the basis of the application of the preemptor. Learned Court below was of the view that the Court cannot accept the application without deposit of the consideration money and can hold enquiry in respect of actual value of the land.