ABDUL MATIN MALLICK Vs. SUBRATA BHATTACHARJEE(BANERJEE)&ORS

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India is at the instance of a pre-emptee in proceeding under Section 8 of the West Bengal Land Reforms Act, 1959 (hereinafter referred to as the 'said Act' in short).

(2.) The facts recorded hereinafter are not in dispute. The property mentioned in the Schedule 'A' appended to the application for pre-emption originally belonged to one Khudiram Bhattacharya who died on April 17, 2001 living behind him surviving his widow Purnima Bhattacharya who also died on August 14, 2001 and three sons namely Subrata, Debabrata and Ratan the pre-emptors herein and two daughters Kalyani and Alpana the vendors of the pre-emptee/petitioner. On the death of Khudiram Bhattacharya and his said widow the aforesaid sons and daughters inherited the Schedule 'A' property each having undivided 1/5th share therein. The said daughter of the said Khudiram Bhattacharya sold their undivided 2/5th share in the Schedule A property to the pre-emptee Abdul Matin Mullick by a registered deed of sale being no. 06743 dated November 23, 2011. The said sale in favour of said Abdul Matin Mullick by the daughters of said Khudiram Bhattacharya has been sought to be pre-empted by the sons of said Khudiram Bhattacharya on the ground that their sisters have transferred their undivided share in the Schedule 'A' property to the said Abdul Matin Mullick, a stranger to the said property without serving statutory notice under Sub-Section 5 of Section 5 of the said Act. The said application under Section 8 of the said Act was registered as Misc. Pre-emption Case No. 8 of 2012, before the learned Trial Judge.

(3.) The learned Trial Judge placing reliance on a judgment of the learned Single Judge of this Court in the case of KINKAR MAHATO & ORS. Vs. SAHAN MAHATO & ORS.,2005 3 ICC 5 dismissed the application for preemption holding that since the vendors of the pre-emptee have transferred their entire share in the suit Schedule 'A' property, the application for pre-emption under Section 8 of the said Act is not maintainable.