DEBENDRA NATH KARAK Vs. RAKHA PAL AND ANR.

JUDGEMENT

(1.) These revisional applications under section 115 of the Code of Civil Procedure filed at the instance of one Debendra Nath Karak, is directed against the order dated April 23, 1984 of the 6th Court of the Additional District. Judge, Midnapore passed in Misc. Appeals Nos. 146 147 and 148 of 1983, affirming the order no. 15 dated Aug. 1, 1983 of the learned Munsif, 3rd Court, Tamluk, passed in J. Misc. Cases Nos. 52, 53 and 54 of 1982, dismissing the application of the petitioner for pre-emption under section 8 of the West Bengal Land Reforms Act, 1955, hereinafter referred to as the Act.

(2.) The disputed plot being R S. Plot No. 1918. of Khatian No. 232/1 of Mouza Pikepari, within P.S. Panshkura, in the district of Midnapore belonged to one Prolhad and his three brothers, Sartosh, Rajendra and Nemai. On July 5, 1956, by a deed of sale Prolhad and his three brothers transferred the said plot to one Becharam Pal. Thus Becharam acquired an exclusive title to the said plot. By a deed of gift dated May 5, 1978 Becharam gifted the said plot to his three sons, namely, Saiya. Sourerdra and Prodyut in equal ⅓rd shares. Thereafter, the said three sens of Becharam transferred by way of said the said plot to the opposite party no 1. Sm. Rekha Pal, by three deeds of sale on Feb. 8. 1982. The sale deeds executed by Satya and Sourendra were registered on May 25, 1982 while that executed by Prodyut was registered on May 27, 1982. Thus the opposite party no. 1 acquired exclusive title 1o the said plot by purchase of the same by the said three sale deeds.

(3.) On September-24, 1982 the petitioner, Debendra Nath Karak. made an application for pre-emption in respect of the said plot under section 8 of the Act in the 3rd Court of the Munsif, Tamluk alleging that he was a raiyai possessing land adjoining the disputed plot. The application was opposed by the opposite party no. 1 alleging that it was not maintainable. It was contended on behalf of the opposite party no. 1 that after the West Bengal Estates Acquisition Act, 1953 had come into force. Prolhad any his three brothers became each a tenant of the State of West Bengal in respect of their respective ⅓rd shares in the disputed land. In other words the interest of each of the said three brothers constituted a holding within the meaning of the Act. All these holding having been transferred to Becharam Pal the father of the vendors of the opposite party no. 1, constituted one holding in the hands of Becharam. After the disputed plot was gifted by Becharam to his three sons, the vendors of the opposite party no. 1, they jointly held the holding and thereafter, transferred the entire, holding to the opposite party no. 1. It was, accordingly, submitted on behalf of the opposite party no. 1 that as the entire holding was transferred to the opposite party no. 1 and not. a portion or share thereof, the provision of section 8 of the Act was inapplicable and the petitioner was not entitled to pre-empt.