SANJIT BISWAS & ANR Vs. ANIL KUMAR BISWAS

JUDGEMENT

(1.) Opposite party/preemptor filed an application under Section 8 of the West Bengal Land Reforms Act (herein after refer to as 'the said act') claiming pre-emption of the suit land which was sold out by one Smt. Smritirekha Biswas in favour of the petitioners/premptees by executing a registered deed of sale dated 16th July, 2010. In the application under Section 8 of the said Act, it was pleaded by the opposite party/preemptor that the vendor of the petitioners was one of the cosharers in respect of the suit land along with the petitioner and the said property was sold out to the petitioners/premptees who are stranger purchasers without giving any notice under Section 5(4) of the said Act.

(2.) The aforesaid application under Section 8 of the said Act gave rise to Misc Preemption Case No.52 of 2010 before the learned Civil Judge (Junior Division), 1st Court at Krishnagar, Nadia. The present petitioners/premptees/opposite parties in the said pre-emption case entered appearance and contested the said case by filing written objection denying all the allegations made out by the opposite party/premptor in his application under Section 8 of the said Act. It was specifically pleaded by the petitioners/premptees that their venor Smt. Smritirekha Biswas held and possessed 1/4th well demarcated share of the property which she inherited from her father. The property was amicably partitioned between the co-sharers and name of the said Smritirekha Biswas was mutated in respect of her share in recently published record of rights. The said vendor of the petitioners/premptees transferred her entire share in favour of them. Therefore, the claim of the opposite party for pre-emption could not be entertained by the court. The learned Civil Judge (Junior Division), 1st Court at Krishnagar, Nadia allowed the said petition under Section 8 of the said Act on contest. The petitioners herein challenged the aforesaid order in Misc Appeal Case No.12 of 2015 which was also dismissed on contest by the learned Additional District Judge, 5th Court Krishnagar, Nadia by an order dated 24th April, 2015.

(3.) In the instant revision, the order dated 24th April, 2015 passed by the learned Additional District Judge, 5th Court Krishnagar, Nadia in Misc Appeal No.12 of 2015 is under challenge.