KARUNA SARDAR Vs. GOPAL SARDAR

JUDGEMENT

(1.) This is a revisional application under Sec. 115 of the Code of Civil Procedure directed against the order dated 16th July, 1990 passed in Misc. Appeal No. 96 of 1988 arising out of Misc. Case No. 56 of 1985 under Sec. 8 of the W.B.L.R. Act.

(2.) The present petitioner filed a case for pre-emption against the Opposite Party - Gopal Chandra Haider in respect of Plot No. 1368 under Khatian No. 1638 of Mouza Jorehat, P. S. Sankrail on the ground of vicinage. According to her she purchased five decimals of land of Plot No. 1366 of Khatian No. 423 of the same Mouza by two Sale Deeds namely one dated 28.7.66 and the other dated 1.(sic).81. The transfer that gave rise to the pre-emption case against the Opposite Party took place on 17.8.79. The Opposite Party raised objection that the case was barred by limitation and the purchase of the petitioner was subsequent to the purchase of the Opposite Party.

(3.) The learned Trial Court did not' accept the plea of limitation but found that the purchase by the petitioner took place in 1981, when the purchase to be pre-empted took place in 1979 and on the last ground the learned Trial Court dismissed the case. There was a Misc. Appeal before the learned Additional District Judge and the learned Appellate Court found that the finding of the Trial Court on the point of limitation was erroneous and that when the entire plot was purchased by the Opposite Party, no question of pre-emption as co-sharer could be raised. And the learned Appellate Court also dismissed the Appeal.