SABITRI BALA RAY Vs. GOURI SANKAR DUTTA

JUDGEMENT

(1.) - These Rules are directed against the Judgement and Order, dated 21st November, 1984 passed by the 2nd Additional District Judge, Burdwan in Misc, Appeals Nos. 104 and 103 of 1983 affirming the judgment and Order No.63, dated 4th June, 1983 passed by the learned Munsif, 3rd Court, Burdwan in Misc. Cases Nos. 25 and 34 of 1979.

(2.) It appears that the opposite party Gouri Sankar Dutta purchased the Kha Schedule property on 8th June, 1978 from the owner Shri Nani Gopal Panja. The said Gouri Sankar Dutta came to know from the certified copy of the Kobala that the husband of the petitioner Shri Bibhuti Bhusan Roy purchased Ka schedule property by a Kobala, dated 23rd August, 1978 and as such, Sri Gouri Sankar Dutta being an earlier purchaser and thus becoming a co-sharer of the property intended to pre-empt and he made an application for pre-emption of the disputed property under Section 8 of the West Bengal Land Reforms Act on that ground.

(3.) It is an admitted case that the sale deed of the pre-emptor Sri Gouri Sankar Dutta was not registered prior to the registration of the sale deed made in favour of the pre-emptee. But the pre- emption application was allowed by the learned Munsif and was upheld by the learned Additional District Judge on the footing that although the document was registered on a later date, since the document of the sale-deed of the pre-emptor was executed on a date earlier than the date of execution of the sale deed of the pre-emptor, then the pre-emptor became co-sharer from an earlier date, and in such circumstances the title would pass from the date of the execution.