KSHETRA MOHAN DAS Vs. SRIHARI CHARAN DAS

JUDGEMENT

(1.) The short point in this Rule is whether transfer of a portion of share of an agricultural holding in favour of an adjoining owner gives rise to a right of pre -emption in favour of another adjoining owner in terms of Sec. 8(1) of the West Bengal Land Reforms Act, 1955.

(2.) In the instant case, the opposite parties Nos. 8 and 9 by a registered document transferred a share of the holding in question in favour of the present Petitioner. On September 8, 1966, the predecessor -in -interest of the present opposite parties Nos. 1 -7 claiming to be an adjoining owner applied for pre -emption under Sec. 8 of the West Bengal Land Reforms Act. The learned Munsif disallowed the said application on the view that the exercise of the right of pre -emption on the ground of vicinage was unconstitutional. The lower appellate Court reversed the said decision and allowed the prayer for pre -emption in favour of the preemptors.

(3.) Mr. Bhunia no longer disputes that the provisions of the West Bengal Land Reforms Act relating to exercise of right of preemption by adjoining owners are constitutionally valid. He, however, contended before me that the second proviso to Sec. 8(1) of the West Bengal Land Reforms Act, 1955, would be attracted in the instant case and the Petitioner who is transferee had longer common boundaries with the holding in question and therefore, the transfer in his favour was not liable to be pre -empted by any other adjoining owner.