BISWANATH DOLUI Vs. TINKARI DOLUI

JUDGEMENT

(1.) This disgruntled petitioner, after a long circuitous journey, has come before this forum with a prayer for setting aside the judgments passed by the Learned Trial Court as well as by the First Appellate Court.

(2.) In This revisional application the petitioner contended that he had filed an application under Sections 8 and 9 of the West Bengal Land Reforms Act, 1955, against the opposite party for preemption in respect of 50 decimals of land out of three plots being 19 decimals out of Plot No. 1431 measuring 1 Acre 14 decimals and 29 decimals out of Plot No. 1431, comprising 1 Acre 76 decimals and 02 decimals out of Plot No 1431/2331, comprising 9 decimals and his such application was registered as L.R. Miscellaneous Case No. 1 of 2007.

(3.) Gobordhan Kumar who died leaving behind his two sons Harsha Bardhan Kumar and Shyamal Kumar and his wife Sabitri Rani Kumar and two daughters Maya Rani Ghosh and Mamata Hazra. According to him, schedule 'Ka' to the plaint initially belonged to Harsha Bardhan Kumar who died issueless leaving behind his wife Smt. Baby Kumar as his only legal heir and successor. Subsequently, said Sabitri Rani Kumar died leaving behind his son Shyamal Kumar and two daughters Maya Rani Ghosh and Mamata Hazra as her legal heirs. Shiba Prasad Kumar gifted his 1 Acre 21.2/3 decimals of land of Plot Nos. 1431, 1432 by registered deed of gift being Plot No. 4344 for the year 1998 in favour of his son Nemai Kumar and delivered possession to him.