ANIL KUMAR LAHIRI Vs. JAGAT BANDHU CHATTERJEE

JUDGEMENT

(1.) This Rule is directed against the order passed by the Munsif, First Court, Alipore, in Miscellaneous Appeal No. 1 of 1968. That appeal arose out of a proceeding started by the opposite party against the Petitioner for pre-emption under Section 8 of the West Bengal Land Reforms Act. The Revenue Officer who heard the application for pre-emption allowed the same. On appeal, the order was affirmed by the learned Munsif. The facts in short are:

(2.) The opposite party purchased some land appertaining to khatian No. 398 of mousa Kasba from one Promila Bala Kundu on July 23, 1950. Thereafter on May 21, 1966, the Petitioner purchased a little over seven cottahs of land appertaining to the said khatian from the said Promila Bala Kundu. This purchase by the Petitioner was made the subject matter of the proceeding for pre-emption which was instituted by the opposite party against the Petitioner.

(3.) Mr. Moitra, learned Advocate appearing for Mr. Roy Chowdhury, learned Advocate for the Petitioner, has contended in the first place that after the West Bengal Estates Acquisition Act came into force and after the vesting of all lands belonging to the intermediaries and raiyats took place under the said Act, there could be no co-sharers in the holding which existed before the vesting. His contention is that after the vesting took place under the said Act, the intermediaries and raiyats became direct tenants under the State. This argument was advanced by Mr. Moitra on the basis of the decision of a Full Bench of this Court in the case Madan Mohan Ghose v. Sishu Bala Atta, 1972 AIR(Cal) 502