BHELUPADA SAHA Vs. PRAHALLAD GHOSH & ORS

JUDGEMENT

(1.) This revisional application is directed against a judgment and order of reversal dated 8th Jan., 2016 passed by the learned Additional District Judge, Fast Track, First Court at Malda in Misc Appeal No.30 of 2013 setting aside the judgment and order dated 8th July, 2013 passed by the learned Civil Judge (Junior Division) 1st Court at Malda in Misc Preemption Case No.34 of 2011.

(2.) Misc Preemption Case No.34 of 2011 was dismissed on contest on the ground that the impugned sale for which preemption was sought for was not an out and out sale and by virtue of impugned deed, the case land was not transferred in favour of the preemptee.

(3.) In appeal, however the learned First Appellate Judge allowed Misc Appeal No.30 of 2013 holding, inter alia, that the impugned deed was a deed of sale and the preemptor is entitled to preempt the case land.