JAYANTA KUMAR DAS Vs. GOUR HARI DAS

JUDGEMENT

(1.) On 23rd April, 1968 Sarat Chandra Das executed two kabalas in favour of the petitioners transferring the lands in dispute. On 24th April, 1968 the said kobalas were registered. On 12th March. 1969 the opposite party no. I had filed the aforesaid applications under section 8 of the West Bengal Land Reforms Act, 1955, inter alia, contending that he was a co-sharer tenant of the vendor of the present petitioners and he was entitled to purchase the said portions or shares of the holding sold in favour of the present petitioners. The Revenue Officer, Contain, allowed the said applications of opposite party no. 1, Gour Hari Das. The learned Additional District Judge dismissed the appeals preferred by the petitioners against the said preemption order.

(2.) Admittedly the aforesaid lands formed portions of a holding of raiyat. Both the Revenue Officer and the learned Additional District Judge have found that the opposite-party.Gour Hari Das was a co-sharer of the petitioners' vendor Sarat in the aforesaid holding. According to the material on record, on 26th June, 1960 Gour Hiri Das who was a raiyat had sold shares or portions of the aforesaid holdings in favour of Sarat who was the vendor of the present petitioners. The Full Bench in the case of Madan Mohan Ghosh and others Vs. Sishu Bala Attn and others reported in 76 CWN page 1058 also recognised that in case after vesting a raiyat of a holding transferred a share or portion of the holding his transferee would be a co-sharer within the meaning of Sec. 8 of the West Bengal Land Reforms Act, 1955. Thus it is clear that after vesting Sarat and Gour had become co-sharer tenants. Therefore, I hold that the present opposite party has locus standi to file application for preemption.

(3.) Both the Revenue Officer and the learned Additional District Judge have concurrently found that no notice in ter ns of Sec. 5 (5i of the West Bengal Land Reforms Act was served upon the pecrnptor Gour Hari Das. The only point in this Rule is what would be the period of limitation for filing an application for pre-empticn by a non-notified co-sharer tenant.