MONISH CHANDRASA SARKAR Vs. KALPANA SINGHA & OTHERS

JUDGEMENT

(1.) Judgment and order dated 19th September, 2016 passed by the learned Additional District Judge, Kandi, Murshidabad in Misc Appeal No.15 of 2012 affirming an order dated 8th June, 2012 passed by the learned Civil Judge (Junior Division), 2nd Court, Kandi in Misc Case No.18 of 2005 arising out of an application under Section 8 of the West Bengal Land Reforms Act 1956 (herein describe as the said Act) came to be challenged in the instant revision under Article 227 of the Constitution of India.

(2.) The preemptee/appellant of the above mentioned misc appeal is the petitioner before this court.

(3.) One Prodyut Kumar Singha, predecessor-in-interest of the present opposite parties filed an application under Section 8 read with Section 9 of the said Act which was registered as Misc Case No.18 of 2005 stating, inter alia, that one Ram Chandra Singha and five others were joint owners and co-sharers in respect of piece and parcel of land in plots No.3022 and 3023, khatian No.2049, JL No.65 of mouza Sadpur within P.S Kandi measuring about 0.233 decimal and 02.50 decimal of land respectively. The said Ram Chandra Singha transferred his 1/6th share to another co-sharer, namely, Pralay Singha. After the death of Pralay Singha his heirs and successors inherited his share in the land described above. Subsequently, the heirs of the said Pralay Singha, since deceased transferred their share to the opposite party and his name was recorded in the LR Record of Rights along with other co-sharers. It is further pleaded by the preemptor that the said property has not been partitioned amongst the co-sharers. For effecting partition between the co-sharers, Title Suit No.127 of 1991 is pending in the court of learned Civil Judge (Senior Division), Kandi. That on 9th September, 2004, one Prabir Singha, one of the co-sharers transferred his share in favour of the present petitioner by executing a registered deed of sale dated 9th September, 2004 at a consideration price of Rs.1,50,000/- without serving any notice to the preemptor/opposite party. Such transfer by the Prabir Singha, one of the co-sharer in favour of a stranger purchaser prompted the preemptor to file an application under Section 8 of the said Act on 20th April, 2005.