LAKSHMAN SIL Vs. MITA KARMAKAR & ORS

JUDGEMENT

(1.) Judgment and order of reversal passed in Miscellaneous Appeal No.32 of 2005 by the learned Additional District Judge, 2nd Court at Hooghly on 30th March, 2016 is under challenged in the instant revision under Art. 227 of the Constitution of India.

(2.) Briefly stated, facts of the case leading to the instant revision are as follows:-

(3.) One Kanailal Karmakar (hereafter described as opposite party) filed a petition under Sec. 8 of the West Bengal Land Reforms Act (hereafter described as the "said Act") which was registered as Preemption Misc Case No.15 of 2001 in the 1st Court of the learned Civil Judge (Junior Division) Hooghly pleading, inter alia, that proforma opposite party No.2 and 3 were the owner of RS dag No.878 appertaining to khatian No.250 of Mouza Raghunathpur within PS Mogra. The opposite party is the absolute owner of a piece and parcel of property adjacent to the above mentioned plot of land. The opposite party came to know from the petitioner on 27th Dec., 2000 that he had purchased RS plot No.878 (hereafter described as case property) from proforma opposite parties No.2 and 3. Since the opposite party, being the adjacent owner, having longest common boundary with the case land was not served with any notice under Sec. 5 of the West Bengal Land Reforms Act, he made an application for preemption. It is further pleaded by the opposite party in his application under Sec. 8 of the said Act that the impugned sale was effected on 26th Dec., 2000.