MONORANJAN SENAPATI Vs. CHABI KARAN & ANR

JUDGEMENT

(1.) This revisional application is directed against the order and judgment dated November 16, 2017 passed by the learned Additional District Judge, Sixth Court, Paschim Medinipur in connection with Misc. Appeal No. 102 of 2011 affirming the judgment and order dated May 25, 2011 passed by the First Court of Civil Judge (Junior Division), Paschim Medinipur in Judicial Miscellaneous Case No. 1 of 2009.

(2.) The appellant petitioner filed an application under Section 8 & 9 of the West Bengal Land Reforms Act seeking preemption against the opposite party no. 1, inter alia, on the ground that he is cosharer of a Raiyat in respect of plot no. 150. It is not in dispute that the said plot of land comprised of 57 decimal of land and was owned by one Sachindranath Das. By virtue of a registered deed of sale the said owner sold, transferred and conveyed the entire plot of land to Gitarani Das. Subsequently, the said Gitarani Das sold 29 decimal of land out of 57 decimal to one Ramesh Chandra Das and the remaining 28 decimal of land to Sarajubala Das. It is not in dispute that both the subsequent purchasers were husband and wife. The said Ramesh Chandra Das subsequently transferred his purchased plot of land to the petitioner and thereafter Sarajubala Das sold her purchased property to opposite party no. 1.

(3.) The petitioner claims that there was no partition effected in the plot of land and the moment he purchased the undivided share in a plot of land from Ramesh Chandra Das he became a cosharer thereof and is entitled to claim preemption against the opposite party who subsequently purchased the share of the other cosharer namely Sarajubala Das.