PRADIPTA PADHA Vs. LAXMI KANTA MAITY

JUDGEMENT

(1.) The question, therefore, in this revisional application is whether the pre-emptor is mandatorily required to deposit the consideration money together with a further sum of 10% of that amount at the time of making an application under Section 8 of the West Bengal Land Reforms Act, 1955. Before proceeding to deal with the above question, it would be profitable to quote the relevant provisions from the said Act which are reproduced as below:

(2.) The meaningful reading of the aforesaid provisions makes abundantly clear that the right to preempt is conferred upon the bargadar in the plot of land, any co-sharer of the raiyat in the plot of land and any raiyat possessing land adjoining to such plot of land. Different periods of limitation are also provided in the said section for different classes of the person on whom right to preempt is given. If both the provisions are harmoniously construed, it emerges that any of the person included therein may apply to the Munsif having territorial jurisdiction for transfer of the portion or share of the plot of land of a raiyat, if transferred to any person other than the co-sharer of the raiyat in a plot of land for transfer of the said portion or the share of the plot of land to him subject to the limit mentioned in Section 14M on deposit of the consideration money together with further sum of 10% of that amount. According to the petitioner, once the deposit of consideration money together with further sum of 10% of that amount is the requirement under Section 8(1) of the said Act, it is to be construed that such deposit is mandatory, the moment an application is filed before the Munsif having territorial jurisdiction seeking preemption. In other words, the application under Section 8(1) of the said Act must be accompanied by the deposit of the consideration money and the further sum of 10% of that amount as the failure to comply the said provision would attract dismissal thereof.

(3.) According to Mr. Banerjee, the expression "apply" for transfer on deposit of consideration money is imperative.