RAM SARAN LALL Vs. MST. DOMINI KUER

JUDGEMENT

(1.) These three revisional applications are at the instance of the common petitioners asserting the right of preemption conferred under Section 8 of the West Bengal Land Reforms Act, 1955 against each of the opposite parties.

(2.) The facts involved in these revisional applications are similar and identical and it would be a repetition of the facts if decided separately. Furthermore, the legal point urged in these revisional applications are virtually same and therefore, it would be convenient to take up these three revisional applications together.

(3.) The admitted facts in all these three revisional applications are that originally one Satya Priya Das owned and possessed all that the piece and parcel of agricultural land admeasuring 1.28 acres. By three several sale deeds executed on the same date i.e. 6th March, 1990 transferring, alienating and selling 64 decimals of well -demarcated land to Bhulu Mondal & Santosh Mondal who are the opposite parties in C.O. No. 2537 of 2016 at a consideration of Rs. 16,000/ -. He sold well demarcated 32 decimals of land to Shyama Charan Mondal, the opposite party in C.O. 2536 of 2016. He further sold well -demarcated 32 decimals of land to Sricharan Mondal, the opposite party in C.O. No. 2535 of 2016 at different consideration. Alleging to be the bargadar of the said 1.28 acres of land on Dilip Mondal, the predecessor of the present petitioners, filed an application under Section 8 of the said Act. It is alleged by him that he is a recorded bargadar and the L.R. record of right would corroborate such facts. On the other hand, each of the parties denied the status of the original applicant. According to them, there was no bargadar under their vendor and the record of rights produced by the petitioner is manufactured one. Admittedly, the original applicant of the preemption application died on 9th January, 1996 and an application for substitution of his heir is taken out which was allowed by the trial court. When all the three preemption applications matured for final disposal, one of the heir namely Dilip Mondal, was nominated as bargadar on 22nd June, 2001 who deposed for and on behalf of the predecessor.