MALINA ROY Vs. GOPAL SENGUPTA

JUDGEMENT

(1.) The present challenge has been preferred by the preemptee in a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955.

(2.) The trial court dismissed the preemption application of the preemptors/opposite party nos. 1 and 2 on the sole ground that the entire consideration amount along with 10% interest was not deposited by the preemptors, as contemplated in Sections 8 and 9 of the said Act of 1955.

(3.) The appellate court reversed the said findings and sent the matter on remand to the trial court, directing the trial court to pass a direction on the petitioner to deposit the balance amount within a certain period and thereafter pass necessary order of preemption on the ground of co-sharership.