SAIBAR RAHAMAN Vs. MUNSI MD. HEDAYATULLA

JUDGEMENT

(1.) This revisional application is directed against the judgement and order dated 18th September, 2014 passed by the learned Additional District Judge, Burdwan at Katwa in Miscellaneous Appeal No. 11 of 2011 reversing the judgement and order No. 39 dated 27th May, 2011 passed by the learned Civil Judge (Junior Division), 2nd Court, Katwa in Miscellaneous (P) Case No. 14 of 2006. The opposite party No. 1 filed an application under section 8 of the West Bengal Land Reforms Act, 1955 seeking preemption claiming himself to be the co-sharer in respect of a plot of land.

(2.) The case made out in the application under section 8 of the said Act is that a co-sharer has transferred his entire share in the plot of land to a stranger, the petitioner herein, on valuable consideration mentioned in the deed. A plea was taken as defence before the Trial Court that if the entire share is transferred by the co-sharer, then the preemption under section 8 of the said Act is not maintainable.

(3.) The Trial Court appears to have relied upon a judgement of this Court rendered in case of Kinkar Mahato & Ors. vs. Sahan Mahato & Ors.,2005 3 ICC 7, wherein it is held that unless a portion of the share or the interest in the plot of land is transferred by the co-sharer, the preemption application under the aforesaid provision is not maintainable. The Trial Court dismissed the said application holding that the co-sharer has transferred his entire share in the said plot of land.