LAXMIKANTA CHOWDHURY Vs. MADHUSUDAN PAIK & ANR.

JUDGEMENT

(1.) This revisional application has been preferred against the judgment dated 29.03.2014 passed by the learned District Judge Purba Medinipur, wherein the learned District Judge was pleased to allow the miscellaneous appeal by reversing the Order dated 24.04.2012 passed by the learned Civil Judge (Junior Division), 1st Court at Tamluk.

(2.) According to the petitioner, learned First Appellate Court failed to appreciate the position of law as has been settled by this Honourable Court that when entire share of an undemarcated portion has been transferred pre-emption does not lie.

(3.) In the interest of effective adjudication factual aspects needs to be relooked. It is admitted by the parties that the suit property originally belonged to Brajamohan Paik, who purchased land in Plot No. 2275, 2276 and 2277 and after his demised his wife Padmabati, son, two daughters, namely, Sankari and Kinkari inherited the said property in equal share. L.R.R.O.R. has been prepared and they have been paying rents individually. The said Kinkari Paik executed a sale deed on 04.03.2005 in respect of her share in favour of Laxmikanta Chowdhury on 26.06.2005 and Madhusudan Paik came to know that his sister Kinkari Paik executed a sale deed in favour of Laxmikanta Chowdhury. After obtaining the certified copy of the said sale deed, he came to learn that Kinkari Paik, in order to deprive him had sold her share to a stranger purchaser. He further contended that no notice was issued upon him as is required by law. He also challenged that the consideration money was actually 12,000 but it has been shown as 27,000, which is an inflated one. Laxmikanta Chowdhury, the present petitioner contested the application for pre-emption by filing written statement and according to him Kinkari Paik sold her share to him in order to repay the loan incurred by her husband. Prior to such sale, other co-sharers were given offer but they declined. In such circumstances, the sale deed was executed by Kinkari Paik although it was not an out and out sale deed.