LAWS(CAL)-2015-5-61

ABDUR RAHMAN Vs. SK. ABU BAKAR AND ORS.

Decided On May 08, 2015
ABDUR RAHMAN Appellant
V/S
Sk. Abu Bakar And Ors. Respondents

JUDGEMENT

(1.) This revisional application is directed against judgment dated 18th December, 2014 passed by the learned Additional District Judge, 3rd Court, Hooghly in Preemption Miscellaneous Appeal No. 38 of 2013 affirming the judgment dated 28th February, 2013 passed by the learned Civil Judge (Junior Division), 2nd Court, Hooghly in Preemption Case No. 04 of 2008.

(2.) The preemptor as a co-sharer of a raiyat filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as 'said Act') seeking preemption against the petitioner herein, who purchased the share of the other co-sharers/raiyats for valuable consideration.

(3.) The fact emerged from the aforesaid application is that the said property was purchased jointly by the petitioner and the proforma opposite party No. 2 by virtue of sale deeds being Nos. 4273 and 4274 for the year 1986 from one Mrityunjoy Roy and were jointly in possession thereof. It is further alleged that the Record of Right reveals that their names are recorded to the extent of half share each under L.R. Khatian No. 756/1 and 147 respectively.