MUKULA KONAR Vs. BIJOY KRISHNA MONDAL

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 judgment and order dated March 28, 2008 passed by the 5th Court of learned Additional District Judge at Burdwan in Misc. Appeal No. 13 of 2006 re-numbered as 25 of 2006 thereby affirming the order dated February 28, 2006 passed by the learned Civil Judge, (Junior Division), Kalna in Misc. Case No. 54 of 1990.

(2.) The pre-emptor/opposite party filed the Misc. Case No. 54 of 1990 under Section 8 of the said Act to pre-empt the sale of the suit property on the ground that the vendor of the pre-emptee being a co-sharer of the pre-emptor/opposite party has transferred the suit property to the pre-emptee/petitioner who is a stranger to the suit property without serving the required statutory notice under sub-section (5) of Section 5 of the said Act.

(3.) The learned Trial Judge by the Order No. 25 dated January 17, 1994 dismissed the said Misc. Case No. 54 of 1990 on the ground that in view of the definition of holding prevalent at the said point of time under Section 2(6) of the said Act there cannot be any co-sharer in respect of a holding. The learned Trial Judge however overruled the objection of the pre-emptee/petitioner regarding maintainability of the said Misc. Case on the ground of limitation holding that the application for pre-emption since was filed within a period of three years from the date of completion of the registration of the disputed deed was not barred by limitation.