REJAUL KARIM Vs. THAKURANI BASKEY

JUDGEMENT

(1.) This application under Section 115 of the Code of Civil Procedure challenging, inter alia, the judgment and order dated 30th March, 2004 passed by the learned Additional District Judge, Malda, in Appeal Case No. 5 of 2002 affirming the judgment and order dated 20th December, 2001 passed by the learned Civil Judge (Junior Division), 2nd Court at Malda in Misc. Case No.75 of 1982, has been filed by the pre-emptee/judgment-debtor in a proceeding for pre-emption under Section 8 of the West Bengal Land Reforms Act.

(2.) The pre-emptor/petitioner filed an application for exercising his right of pre-emption in respect of sale of two plots of land being plot Nos. 1330 and 1338 having an area of 1.43 acres and .21 acre of land respectively by his co-sharer to Smt. Thakurani Baskey.

(3.) The sale which was sought to be pre-empted by the pre-emptor was effected by registered Deed of Kobala dated 4th August, 1970. Since, the said sale was effected prior to West Bengal Land Reforms (Amendment) Act, 1972 came into operation, the said application for pre-emption was filed by the pre-emptor before the concerned Revenue Officer who by his order dated 4th May, 1972 allowed the said prayer for pre-emption.