GOUTAM DAS Vs. NIRBHOY CHANDRA CHOWDHURY

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties.

(2.) This application under Article 227 of the Constitution of India was filed on assailing the order dated 16th September, 2005 passed by learned Civil Judge (Junior Division), Jalpaiguri in Misc. (Pre-emption) Case No. 34 of 2004 whereby and whereunder application praying injunction to restrain the respondents from executing any sale deed was refused. This pre-emption application was filed by the petitioner admittedly at the pre-matured stage, namely, when the registration of the document was not at all completed in terms of Section 61 of the Registration Act, which provides that registration would be completed on fulfillment of all the formalities in terms of the said Act. Reliance may be placed to the judgment passed in the case Ram Saran Lall & Ors. v. Mst. Domini Kuer & Ors., reported in AIR 1961 SC 1747 and Hiralal Aggarwal v. Rampadarath Singh, reported in AIR 1969 SC 244,

(3.) Right of pre-emption is a statutory right granted under Section 8 of the West Bengal Land Reforms Act, which, however, provides a statutory condition that right of pre-emption in respect of any holding now after the amendment it has been a plot would accrue by any co-sharer or by the owner of the contiguous land. Section 8 of the Land Reforms Act reads to this effect: