SERINA BEGUM Vs. SK ALAUDDIN

JUDGEMENT

(1.) The preemptor in a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955 has challenged an order passed by the Trial Court, directing the preemptor/petitioner to deposit the entire consideration money, as shown in the sale deed sought to be preempted, within a particular period and observing further that the case would proceed further on deposit of the balance consideration money, along with compensation.

(2.) Learned counsel for the petitioner argues that it is settled law that the petitioner can deposit only the admitted consideration amount and seek an enquiry as to the actual consideration which passed between the vendor and the preemptee. It is equally well-settled, learned counsel argues, that in the event the Court, upon an enquiry, arrived at the finding that the consideration money was more than that admitted by the preemptor, the Court could, at the final stage of the matter (at the time of passing order), direct the preemptor to deposit such balance consideration amount.

(3.) As such, it is argued that the Court below acted without jurisdiction in directing the deposit of the entire balance consideration without any enquiry into the actual consideration paid, and in stalling the preemption case itself in default of such deposit.