NAYMUL HAQUE @ NAIMUL HAQUE Vs. ALAUDDIN SK

JUDGEMENT

(1.) - This revisional application is arising out of a judgment dated 7th Jan., 2015 in Misc. Appeal No. 65/2014 [05/2014] passed by the Additional District Judge, Jangipur, Murshidabad.

(2.) The Misc. Appeal was filed by the pre-emptor/petitioner against the order dated 17th Dec., 2009 passed by the learned Civil Judge (Junior Division), 1st Court, Jangipur in Misc. Case No. 04/2008 dismissing the petition filed by the pre-emptor/petitioner under Sec. 8 of the West Bengal Land Reforms Act, 1955. The petitioner filed the petition under Sec. 8 of the West Bengal Land Reforms Act on the ground that the property in question originally belonged to Radhakanta Mitra and his name was recorded in the R.S.R.O.R. The said Radhakanta Mitra transferred or sold half of the suit property, i.e, 48 decimals of land of Plot No. 2208 of Mouza-Secundra in favour of Lalchand @ Lalu Ghosh, Ramenchandra Ghosh @ Alu Ghosh, Nagendranath Ghosh @ Nagen Ghosh, Ratilal Ghosh @ Rati Ghosh, Patitpaban Ghosh @ Patit Ghosh and Ratanlal Ghosh @ Ratan Ghosh. The said transferees thereby became the owners of the property and remained in possession of the suit plot in ejmal and during their possession they amicably partitioned the said property.

(3.) When Radhakanta Mitra was intending to sell the remaining 48 decimals of land, Hemangini Ghosh, mother of Ratan Ghosh purchased the said 48 decimals of land by a registered deed being No. 4517 dated 18th April, 1987 and thereafter, said Hemangini Ghosh became the owner of 48 decimals of the eastern portion of the land. The petitioner alleged that after the death of Hemangini Ghosh, her legal heirs inherited 48 decimals of land and while the said legal heirs of Hemangini Ghosh were intending to sell the said 48 decimals of land, the petitioner and his four other brothers, namely, Nazrul Islam, Mostafa Sk, Murtaza Sk and Serajul Sk purchased 33 decimals of land by virtue of a registered deed being No. 3214 and remaining 15 decimals of land remained in possession of the legal heirs of Hemangini Ghosh. It was contended that while Ratanlal Ghosh was in possession of 8 decimals of land, he transferred the same to the petitioner by way of a registered deed of sale. According to the petitioner, Ratilal Ghosh and Lalchand Ghosh thereafter transferred their 8 decimals land each to the petitioner and his three brothers and to Rajib Sk by way of a registered deed of sale being No. 8668 of 2006. The petitioner, thus, asserted that they became the owner of 20.8 decimals of land. It was also asserted that the petitioner and his three brothers and legal heirs of deceased Nazrul Islam are in possession of the eastern portion of 48 decimals of land in ejmal. The petitioner contends that she is the raiyat in respect of the land forming the subject suit plot. It is further alleged that the western side portion of the said plot belonged to Ramchandra, Nagen and Patit and after their demise their legal heirs became the owner and in possession of the said land. The petitioner alleged that on enquiry it was found that on 4th Dec., 2006, the legal heirs of Ramchandra, Nagen and Patit transferred their share by a registered deed which was subsequently registered on 6th Nov., 2007. The petitioner contends that the schedule mentioned in the said deed is fictitious. The petitioner claimed that he was entitled to pre-empt the said portion of land for which he had deposited the deed value and compensation amounting to Rs. 1,48,500.00 by way of challan. The petitioner, accordingly, claimed preemption by filing the said petition under Sec. 8 of the West Bengal Land Reforms Act, 1955. The opposite party/respondent contested the said proceeding by filing a written objection. In the said objection, the opposite party contended that the opposite party/respondent had transferred their entire share in favour of opposite party/respondent and his brothers and in view of the provisions of Sec. 8 of the West Bengal Land Reforms Act, 1955 the petitioner/appellant is not entitled to claim preemption. The opposite party and his brothers purchased 48 decimals of land of the suit plot by a registered deed and thereafter the opposite party and his brothers also purchased the remaining share of the vendor by two separate deeds on the same date and as a result whereof the petitioner/appellant has no cause of action to initiate the said proceeding. On consideration of material on record, the learned Civil Judge found that the petitioner became a co-sharer in respect of the suit property having regard to the fact that three sons of Surendra Nath Ghosh have transferred their entire share in the property by two separate sale deeds and in view thereof the petitioner is not entitled to claim pre-emption.