LAWS(CAL)-2018-12-76

SINDHU RANI Vs. TAPAN KUMAR DAS

Decided On December 21, 2018
Sindhu Rani Appellant
V/S
Tapan Kumar Das Respondents

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India is at the instance of the pre-emptee in a proceeding under Sections 8 and 9 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as 'the said Act' in short) and is directed against the order dated September 15, 2017 passed by the learned Additional District Judge, 7th Court, Paschim Midnapore, in Misc. Appeal No. 119 of 2015 thereby affirming the order No. 71 dated September 24, 2015 passed by the learned Civil Judge (Junior Division), 1st Court, Paschim Midnapore, in Misc. Case No. 44 of 2006.

(2.) The pre-emptor/opposite party filed an application before the learned Trial Judge under Sections 8 and 9 of the said Act contending, inter alia, that a share of the suit plot of which he is a co-sharer has been sold by one of the cosharers of the suit plot namely Shri. Dhruba Lal Singha vide deed No. 1949 dated May 20, 2004 in favour of the pre-emptee/petitioner, who is a stranger to the said plot of land. The further case of the pre-emptor/opposite party is that he is being the co-sharer of the suit plot has been constructively possessing land adjoining to the suit plot. He, therefore, by the said application applied before the learned Trial Judge that the share of the suit plot sold in favour of the pre-emptee by the aforementioned deed may be transferred in his favour on the grounds of co-sharership and vicinage.

(3.) The said application of the opposite party under Sections 8 and 9 of the said Act was registered before the learned Trial Judge as J. Misc. Case No. 24 of 2005. The learned Trial Judge by the judgment and order dated September 19, 2016 allowed the said Misc. Case ex-parte.