GANGADHAR SOU AND ANOTHER Vs. KHIRODE KUMAR VANDARI

JUDGEMENT

(1.) These two revision cases, raising a common question of law, have been heard together for the sake of convenience. This order will, therefore, govern both the cases arise thus.

(2.) The raiyti holding recorded in Khatian no. 610 of Monza Muluk, comprising two plots namely plot Nos. 192 and 398 stood in the name of one Kalipada Bhandary who died in the year 1973, leaving two sons Kshirode and Ranjit who inherited the holding in equal shares.

(3.) On 25.2.81, Ranjit sold the half of his moiety share in plot no. 398 which is a tank to Gangadhar Sou and Anil Sou, the petitioners in C.R. Nos. 2185 of 1985 of 27.5.81 Kshirode, brother of Ranjit, filed an application under section 8 of the West Bengal Land Reforms Act ('Act' for short) alternatively under Sec. 24 of the West Bengal Non Agricultural Tenancy Act, before the learned Munsif, 1st Court Bolpur, claiming pre-emption of the demised share on the ground that he is a co-sharer of Ranjit and the transferees are stranger purchasers. This application was registered as Misc. Case no. 32 of 1981.