SK. ABDUL AZIZ Vs. MST. SAMIDANESSA BIBI

JUDGEMENT

(1.) Mst. Samidanessa Bibi, the original opposite party in the present Rule, filed an application under section 8 read with section 9 of the West Bengal Land Reforms Act, 1955 for pre-emption against Sk. Abdul Aziz, the original petitioner in the present Rule, on or about Nov. 6, 1969, in respect of 2 decimals of land being 12 annas interest in Dag Nos. 883, 885 and 892 all appertaining to Khatian No. 527 which the said petitioner had purchased on Jan. 5, 1956, alleging to be a co-sharer in respect of the raiyati srithiban land under the said khatian in Mouza Hallyan within the District of Howrah. The case as made out by the pre-emptor, inter alia, was that the said lands originally belonged to Didar Box and his two minor daughters named Hasia and Marzina, the shares of the said Didar Box being 4 annas and that of the daughters being 12 annas. On Dec. 18, 1945 Didar Box for himself and on behalf of the said minor daughters sold the lands to the pre-emptor and the said lands were recorded in the name of the pre-emptor original opposite party in the revisional settlement record-of-rights, that after Hasia and Marzina attained majority they sold their 12 annas interest in the said lands to the original petitioner on 5th Jan., 1956 and as no notice of the disputed sale was given to the original pre-emptor, the pre-emption application was not barred by limitation and the original opposite party being a co-sharer in respect of the suit lands was entitled to get an order of pre-emption in her favour.

(2.) The original petitioner also instituted Title Suit No. 238 of 1956 in the Court of the learned Munsif at Howrah for partition which was dismissed but the same was, however, decreed by the lower appellate court in Title Appeal No. 380 of 1958 which was affirmed by this Honourable Court even in second appeal being S. A. No. 108 of 1959.

(3.) The original petitioner contested the said application for pre-emption by filing written objection challenging, inter alia, the maintainability of the pre-emption proceeding. The officer concerned., however, by his order dated Nov. 30, 1970 allowed the said pre-emption application, inter alia, upon a finding that the application was not barred by limitation and he had jurisdiction to entertain the said application. The appeal being Misc. Appeal No. 218 of 1972 preferred by the petitioner against the said order was also dismissed by the learned Additional District Judge, Howrah by his order dated Nov. 21, 1973. Against the said appellate order the original petitioner has moved this Honourable Court in revision under Art. 227 of the Constitution of India read with section 115 of the Code of Civil Procedure and obtained the present Civil Rule.