UTTAM HAZRA Vs. ASHOK KUMAR GHOSH

JUDGEMENT

(1.) Let the affidavit of service filed showing effective service of notice upon the opposite party-pre-emptor be taken on record. however, none represents him. Upon hearing learned counsel for the petitioner-pre-emptee, the matter is taken up for disposal on merits.

(2.) The revisional application under Article 227 of the Constitution has been filed assailing a judgment and order dated February 26, 2016 passed by learned Additional District Judge, 4th Court, Suri in Misc. Appeal No.13 of 2014 affirming Order No.68 dated March 10, 2014 in Misc. Preemption Case No.10 of 2012 passed by learned Civil Judge (Jr. Division), Additional Court, Suri, Birbhum.

(3.) It reveals that the opposite party-petitioner filed the misc. (pre-emption) case under section 8 of the West Bengal Land Reforms Act, 1955 before learned trial court seeking preemption over the plot no.2431/4860 where the opposite party was a cosharer to the tune of eight annas share and the petitioner by virtue of purchase was stranger purchaser. The opposite party, therefore, filed the application under section 8 to pre-empt such property on the grounds of co-sharer.