APURBA SARKAR Vs. ARABINDA ADHIKARY

JUDGEMENT

(1.) The preemptee in a proceeding for pre-emption under Section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as "the 1955 Act") has preferred the instant application under Article 227 of the Constitution of India, challenging a judgement of affirmance, whereby both the courts below allowed the pre-emption application on the ground of co-sharership.

(2.) The brief facts of the case are as follows:

(3.) The original owner of the property-in-question, namely Madhusudan Adhikary, had .54 sataks of land in plot no. 977 (old plot no. 727). He gifted the suit property, measuring about .06 sataks out of the said .54 sataks, by three registered deeds dated February 14, 1985, May 14, 1991 and February 27, 1992 to Kartick Ch. Mondal and Sujoy Mondal, the vendors of the preemptee. As per the claim of the preemptee, the said gift deeds conveyed specifically demarcated properties. Subsequently the original owner sold .05 sataks (also demarcated according to the preemptee), out of the said .54 sataks by a registered deed dated December 15, 1996 to the pre-emptors.