BAHASTULLA SK Vs. ABDUL GAFUR SK

JUDGEMENT

(1.) This application under Article 227 of the Constitution is directed against the judgment and order dated 16th January, 2002 passed in Misc. Appeal No.11 of 2000 (Abdul Gofur vs. Bahastulla Sk.). By the impugned judgment the Misc. appeal was allowed and the order of the learned Civil Judge, Junior Division which was under challenge in the misc. appeal was set aside.

(2.) The opposite parties filed an application under section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the said Act), exercising his right of pre-emption against the petitioner. By an order dated 18th January, 2000 passed by the learned Civil Judge, Junior Division, Berhampur, Murshidabad, the said application under section 8 being Misc. Case No.16 of 1994 was rejected. Before the Lower Appellate Court the question arose as to whether the opposite party the could maintain an application under section 8 for pre-emption on the ground of possessing land adjoining the plot of land which is the subject-matter of dispute.

(3.) As far as, finding of fact is concerned there is not dispute that the land belonging to the petitioner are comprised in plot Nos. 765, 772, 773, 776 and 779 measuring about 4 decimal of land are all adjoining land. It is also an undisputed finding of fact that the opposite party is the owner in respect of certain portions of land in plot Nos. 773 and 774.