HIRANMOY BHATTACHRJEE Vs. GOPAL CHANDRA GHOSH

JUDGEMENT

(1.) Hearing of this application was concluded on 27/2/2015 and the matter has come up today only for passing of order.

(2.) The petitioner before this Court filed Miscellaneous Case No. 11 of 1992 in the Court of the Munsif, Kalyani, Nadia asserting his right of pre-emption in respect of the suit plot both as contiguous land owner and co-sharer. The learned Trial Court held that the petitioner had been able to make out his case of pre-emption both as co-sharer and contiguous land owner. Accordingly, the learned Judge allowed the petitioner's application for pre-emption.

(3.) The opposite parties filed Miscellaneous Appeal No. 25 of 1996 against the Trial Court's Order dtd. 24/5/1995 before the Additional District and Sessions Judge, Fast Track Court-I, Kalyani, Nadia. The Appellate Court held that the petitioner is not a co-sharer. However, the Appellate Court confirmed the Trial Court's finding that the petitioner is a contiguous land owner but the Appellate Court went on to hold that since the preemption application was not filed within four months from the date of sale, the application was barred by limitation. The Appellate Court also held that the petitioner had not proved that he has deposited the requisite money in Court towards the price of the suit land. On those grounds, the Appellate Court allowed the appeal and set aside the Trial Court's Order. Being aggrieved, the petitioner is before this Court by way of the instant revisional application.