MOLU ALI SAHA Vs. BIMAL KUMAR DINDA

JUDGEMENT

(1.) The revisional application has been directed assailing the judgment dated 10th September, 2015 delivered by Learned Additional District Judge, 2nd Court, Contai in Misc. Appeal No. 4 of 2014 affirming the order dated 30th July, 2013 passed by learned Civil Judge (Junior Division) Contai by which the J. Misc. Case No. 27 of 2007 (for preemption) was dismissed declining the prayer of preemption on the ground of vicinage as was sought for by the petitioner-appellant, who will be called on hereafter only as the pre-emptor.

(2.) Fact, in brief as contended by the pre-emptor Molu Ali Shah that there was a registered partition deed on 28th November, 1954 between his predecessor-ininterest, and, cousin Sadhu Ali Shah got the demarcated "Ka" schedule property mentioned in said deed, whereas, the property, described in "Chha" schedule of said deed, situates on adjacent western side of said 'Ka' schedule property, was allotted to the share of the pre-emptor. Since said Sadhu Ali without notice sold the demarcated case property appertained to plot nos. 848 and 849 on 18th March 1984(registration of which was complete on 17th September, 1990) to the strangers/opposite party nos. 1 to 5 respondents, who jointly will be called on hereafter only as the pre-emptees. Molu Ali Shah thereby filed the application for pre-emption within time on the ground of vicinage by depositing the requisite amount in Court.

(3.) In turn, as reveals from the Lower Court's record the pre-emptee nos. 1 and 2 (OP. Nos. 1 and 2), nos. 3 and 4 (OP Nos. 3 and 4) and no. 5 (OP. No.5) with a view to contest in said pre-emption case filed separate written objections respectively, of course, their defence is all the same by which the right of pre-emption of the preemptor on the ground of vicinage in the case-property was denied, and, setting also challenge against the said partition deed to caption the same as void on the ground that since the pre-emptor was minor at the time of the partition deed his representation in said partition deed was held through his mother.