BULMAJAN SK. Vs. AKLESH SK.

JUDGEMENT

(1.) The petitioners are the co-sharers of plot no. 77 under mouja Mithipur, Police Station Raghunathganj, District: Murshidabad. The said petitioners filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 to preempt the sale of the suit property in favour of the opposite parties by the deed no. 2872 of 1992 executed on April 06, 1992 registered on April 07, 1992 on the ground that they being the raiyats of the plot no. 77, the adjoining plot to the suit plots are entitled to preempt the said sale on the ground of vicinage.

(2.) The said application was registered before the 1st Court of the learned Civil Judge (Junior Division), Jangipur, District: Murshidabad as Misc. Case No. 30 of 1992. The said misc. case was subsequently transferred to the Additional Court of the learned Civil Judge (Junior Division), Jangipur, District: Murshidabad and re-numbered as Misc. Case No. 57 of 2001.

(3.) The learned Trial Judge by the judgment and order dated May 31, 2013 dismissed the said application holding that the petitioners not being the exclusive owners of the said plot no. 77 are not entitled to preempt the said sale. The learned Trial Judge in arriving such conclusion relied on a decision of the learned Single Judge of this Court in the case of Amal Kumar Giri -Vs- Nani Gopal Paira reported in 2004(3) CHN 631.