MINATI MONDAL Vs. AKINCHAN GAYEN

JUDGEMENT

(1.) Affidavit of service filed in Court today be kept with the record.

(2.) The opposite party filed an application under Section 8 of the said Act to pre-empt the disputed sale on the ground that the vendor of the preemptees/petitioners is the co-sharer of the pre-emptor/opposite party in respect of the suit land which has been transferred in favour of the preemptees/petitioners who are strangers to the suit land and without serving the required statutory notice under sub-Section 5 of Section 5 of the said Act upon him.

(3.) The learned Trial Judge overruled the said objection of the preemptees/petitioners holding that since the application for pre-emption was filed within one year from the date of completion of the registration of the impugned deed of sale, the same was filed within time and allowed the said Misc. case.