SUDHIR SINGHA Vs. JAYANTA KUMAR SINGHA AND ORS.

JUDGEMENT

(1.) Challenging the legality and validity of impugned judgment dated 28.01.2014 passed in Miscellaneous Appeal No. 18 of 2013 by the Learned Additional District Judge 3rd Court, Malda, the plaintiff/petitioner has come before this Court with a prayer to set aside the impugned order.

(2.) In the revisional application the petitioner has ventilated his grievances that the learned Court below failed to consider that the opposite parties are strangers and therefore, the petitioner's rights of preemption is maintainable. It has also been contended by the petitioner that the First Appellate Court below failed to appreciate the evidence on record which speaks that the plaintiff/pre emptor, is an adjoining land owner and so he can claim preemption.

(3.) In the interest of effective adjudication factual aspect is required to be restated. The petitioner's (appellant) case in a capsulated form is such that he is a co-sharer having undivided four annas share with other co-sharers and his name has been duly recorded in the L.R.R.O.R. in respect of Plot Nos. 610 and 630. The opposite parties are stranger purchasers who have purchased the suit property from Jatindra Mohan Das by registered deed for consideration of Rs. 90,000/- without serving any notice upon the petitioner. Their vendor Jatindra Mohan Das got the suit property from erstwhile owner Bimal Krisha Barman, who purchased the suit property from original co-sharer Nabin Chandra Singha. On the basis of the above facts the petitioner prayed for preemption and deposited the consideration money.