CHARU KHA & ORS Vs. RAJKUMAR GHOSH

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India is at the instance of the pre-emptees in a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955 and is directed against the judgment and order dated September 6, 2016 passed by the learned District Judge, Malda in Misc. Appeal (Pre-emption) No. 25 of 2016, whereby the learned appeal Court below has dismissed the Misc. Appeal (Pre-emption) No. 25 of 2016 ex parte on merit.

(2.) The opposite party filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 before the learned 1st Court of Civil Judge, (Junior Division), Malda being Misc. Pre-emption Case No. 55 of 2012 to preempt the sale of 23.1 decimal of land in R.S. Plot No. 154 (L.R. Plot No. 1355) in favour of the petitioners vide sale deed dated July 30, 2012 on the ground that the opposite party being the co-sharer of the vendors of the petitioners in the suit plot is entitled to preempt the said sale being a non-notified co-sharer.

(3.) The learned trial Judge by the judgment and order dated March 21, 2016 allowed the said Misc. Case No. 55 of 2012.