ANANDA MOHAN KHARA Vs. JALADHAR MONDAL AND ANOTHER

JUDGEMENT

(1.) This revisional application under Art. 227 of the Constitution of India is at the instance of a defendant in a suit for preemption under section 8 of the West Bengal Land Reforms Act and is directed against order No. 54 dated July 18, 1991 passed by the learned Munsif, Additional Court at Uluberia in Title Suit No. 2 of 1990.

(2.) The aforesaid title suit was filed by the opposite parties for preemption under section 8 of the West Bengal Land Reforms Act on the allegation that the opposite parties are co-sharers of the disputed property. By the said application for preemption the opposite party sought to preempt a sale, the registration of which was completed in the year 1982. The said preemption case was filed on March 6, 1985. Long thereafter in the year 1991 the opposite parties came up with an application for amendment of the said application for preemption on the allegation that they are also owner of the adjoining property and as such they were entitled to get the relief also on the ground of adjoining ownership.

(3.) By the order impugned, the learned Trial Judge allowed such application for amendment of preemption application. In passing the order impugned the learned Trial Judge relied upon a Division Bench decision of this Court reported in 83 Cal WN 62 (Debabrata Bhowmik Vs. Nani Bala Som).