SHEFALI GHOSH Vs. MRINAL CHANDRA SAHA

JUDGEMENT

(1.) Despite service none appears for the opposite parties. Affidavit-of-service filed in Court today shall be retained with the records.

(2.) Judgment and order dated 25th July, 2016 passed by the learned Additional District Judge, Aliporeduar in Title Appeal No. 3 of 2012 affirming Order No. 46 dated 13th January, 2012 passed by the learned Civil Judge (Junior Division), Alipurduar in Misc. (Pre) Case No. 10 of 2007 is under challenge in the instant revision at the instance of the preemptee/petitioner.

(3.) On the question of limitation, learned advocate draws my attention to the copy of the application for preemption under Section 8 of the West Bengal Land Reforms Act, 1955 wherefrom it is ascertained that the said case was filed on 26th February, 2007 for preemption of the property mentioned in Schedule B of the said application which was transferred in favour of the preemptor on 18th September, 2006. According to the learned advocate, the opposite party being an adjoining land owner ought to have filed the application for preemption within four months from the date of transfer. In the instant case, the application is barred by limitation in view of the fact that the opposite party had approached the Court beyond the period of imitation. In support of his contention, he refers to a decision of this Court in the case of Ramgati Khan Vs. Gobinda Chandra Khan reported in 2006 (4) CHN 328. In this reported decision, it is held by a co-ordinate Bench of this Court that limitation for preemption application on the ground of vicinage runs from the date of registration of sale deed and not from the date of execution of the deed.