SRIKANTA PAHARI Vs. DEBABRATA JANA

JUDGEMENT

(1.) THESE 9 applications under Article 227 of the Constitution of India are directed against the judgment and order dated 31st July, 2001 passed in Misc. Appeal No. 152 of 1996 governing the Misc. Appeal Nos. 152 of 1996 to Misc. Appeal No. 155 of 1996 and Misc. Appeal No. 157 of 1996 to Misc. Appeal No. 161 of 1996 passed by the learned Additional District Judge, Second court, Medinipur setting aside thereby the judgment and order no. 51 dated 21. 09. 1996 passed by the learned Munsif, Second Court, contai, District ? Medinipur in J. Misc. Case Nos. 15 of 1992 to 19 of 1992. As all the applications are involved with the common question of fact and law they are heard analogously and this common judgment shall govern all the applications. For convenience, I am discussing the case under C. O. No. 2811 of 2001.

(2.) THE factual matrix of the case is that the petitioners filed an application under Section 8 (1) of the West Bengal Land Reforms act, 1955 in the Court of the learned Munsif, Second Court, Contai praying for pre-emption against the opposite parties and that application was registered as J. Misc. Case No. 15 of 1992. The opposite parties purchased a portion of the case plots by separate sale deeds. But they are neither co-sharers nor adjoining raiyats of the lands transferred. The petitioners claimed for pre-emption on the ground of adjoining land owners as well as co-sharers. The petitioners filed the case for pre-emption within 4 months from the date of registration of the deeds. No notice was served upon them at the time of sale. They deposited the consideration of money along with 10% per cent of the same as compensation.

(3.) THE opposite parties contested the said J. Misc. Case by filing their written statements denying the material allegations made in the application for pre-emption.