NURUL ISLAM Vs. ESRATUN BIBI

JUDGEMENT

(1.) Having regard to the fact that divergent views have been expressed by different Benches of the same strength of this High Court as regards the period of limitation that would apply to a pre-emption application under Section 8 of the West Bengal Land Reforms Act, 1955 filed by a non-notified co-sharer, the following question was referred to this Bench by the Hon'ble the Acting Chief Justice on the request of a Learned Single Judge of this Court for its answer:-

(2.) While referring the said question to a larger Bench for its resolution, the Learned Single Judge of this Court mentioned the following conflicting decisions delivered on the above issue by several Benches of equal strength of this Hon'ble Court, in the order.

(3.) In the case of Fuzle Hakani -vs- Sk. Arsed Ali, 0 89 CalWN 1081, the then Chief Justice of this Court sitting singly held that where no notice of transfer on a co-sharer was served as contemplated by Section 5(5) of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the said Act), the period of limitation of three months for filing a pre-emption application as prescribed by Section 8 of the said Act was not applicable.