SMT. JAYANTI MUKHOPADHYAY Vs. MAHENDRANATH PANJA & ANR.

JUDGEMENT

(1.) Order No. 29 dated 28th March, 2000 passed in L.R. Misc. case no. 13 of 1998 by the learned Civil Judge (Junior Division), 7th Court, Howrah is under challenge whereby the learned trial Judge decided an application under Order 14 Rule 2 on contest and considering the disputed property being homestead situated within the area of Howrah Municipal Corporation held that the Misc. case under 8 of WBLR Act has no application as not maintainable.

(2.) Chronological event leading to the instant case is that the petitioner being absolute owner and occupier of the property comprised in Municipal Holding no. 76/5, Ichapur Road, P.O. Kadamtola, P.S. Bantra, District - Howrah had filed an application on 09.4.1998 under Section 8 of the West Bengal Land Reforms Act for pre -emption on the ground of being adjoining owner of the premises, against the opposite party no. 1.

(3.) After entering appearance, the opposite party no. 1 herein filed objection against the said application under section 8 of the West Bengal Land Reforms Act, contending inter alia that the application is not maintainable in its present form, either in law or on facts and filed an application under Order 14, Rule 2 of the C.P. Code on the ground of maintainability in law and that the provisions of the West Bengal Land Reforms Act, 1955 has got no application in the case when the suit property is situated within the area where the Urban Land (Ceiling & Regulation) Act, 1976 is attracted and the said application was contested by the petitioner on the contention that the purported application precisely conveyed the mixed question of law and fact and as such, the application under Order 14, Rule 2 of C.P. Code should be summarily rejected as not applicable in Misc. Case and also that the Urban Land (Ceiling & Regulation) Act, 1976 has already been repealed by the Parliament and as such, Urban Land (Ceiling & Regulation) Act, 1976 is no longer in existence. Therefore, the question that West Bengal Land Reforms Act, 1955 is not applicable where the Urban Land (Ceiling & Regulation) Act, 1976 only applies does not arise in the facts and circumstances of the case. Upon hearing the learned trial Court disposed of the application under Order 14 Rule 2 C.P. Code on finding that the Misc. case under section 8 of WBLR Act was not maintainable.