BIMAL DAS Vs. MINU PATRA

JUDGEMENT

(1.) These two revisional applications 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).

(2.) The opposite party filed two applications under Section 8 of the said Act in the 1st Court of learned Civil Judge(Junior Division), Baruipur registered as Misc. Case No. 39 of 1993 and Misc. Case No. 40 of 1993 to pre-empt two sale transactions whereby one Harendra Krishna Roy transferred suit properties of the said two Misc. cases to the petitioner.

(3.) The common facts of both the Misc. cases are that the properties comprised in Dag Nos. 293/1271, 289, 288 appertaining to Khatian Nos. 78 and 516 and other properties originally belonged to Nanigopal, Jadugopal and Jamini Kumar Ghosh in equal shares. The said three persons effected partition of their properties whereby Jadugopal got 14 1/2 decimal of land in the aforesaid plots. Jadugopal's son Debiprosad sold 14 1/2 decimal of land to Harendra Krishna Roy and Sailya Bala Purkait by a Kobala dated June 26, 1962. Thus, Harendra Kr. Roy and Saila Bala became co-sharers to each other in respect of the said 14 1/2 decimal of land. The said Smt. Saila Bala Purkait and the pre-emptor/opposite party Smt. Minu Patra executed by and between them a deed of exchange dated May 12, 1987 whereby the pre- emptor/opposite party transferred her 6 2/3 decimal of land in Dag No. 59, Khatian nos. 26 and 27, mouza Salpur to said Saila Bala Purokait and she transferred her 7 ¼ decimal of land out of said 14 1/2 decimal of land in plot nos. 288, 289 of Khatian No. 516 and 293/1271 of Khatian No. 78 to the pre-emptor/opposite party by way of exchange. Thus, the pre- emptor/opposite party became co-sharer raiyat of the said Harendra Kr. Roy, the vendor of the pre-emptee/petitioner in respect of the said 14 1/2 decimal of land. The said Harendra Kr. Roy by two deeds both dated August 16, 1988 transferred .02 ¾ decimal of land in plot nos. 288 and 289 of Khatian no. 516 and plot no. 293/1271 of Khatian No. 78 to Sri. Bimal Das the pre-emptee/petitioner herein. The pre-emptor/opposite party is seeking pre-emption of the said two transfers by filing the aforementioned Misc. Cases on the ground of co-sharership and also on the ground of vicinage.