JYOTISH CHANDRA SARDAR Vs. HIRA LAL SARDAR

JUDGEMENT

(1.) There is common question involved in these two rules and that question is whether the sub-section (1) of Section 8 of the West Bengal Land Reforms Act, 1955, is constitutionally valid insofar as it gives the adjoining owner the right of pre-emption on the ground of contiguity of lands. Apart from this common question of constitutional validity there are some other questions also, which are of special relevance to one or other of the two rules. These latter questions will be taken up after the common question has been disposed of.

(2.) In both the cases, the raiyats holding lands, adjoining the holdings, transferred, applied for pre-emption under sub-section (1) of Section 8 of the West Bengal Land Reforms Act.

(3.) Sub-section (1) of Section 8 of the above Act runs as follows: If a portion of share of a holding of a raiyat is transferred to any person other than a co-sharer in the holding, any co-sharer in the holding, any co-sharer raiyat of the holding may, within three months of the service of the notice, given under sub-section (5) of Section 5, or any raiyat, possessing land adjoining such holding, may, within four months of the date of such transfer, apply to the Revenue Officer, specially empowered by the State Government in this behalf, for transfer of the said portion or share of the holding to him, subject to the limit, mentioned in sub-section (3) of Section 4, on deposit of the consideration money together with a further sum of ten per cent of that amount: Provided that if a co-sharer raiyat and a raiyat possessing land adjoining such holding, both apply for such transfer, the former shall have the prior right to have such portion or share of the holding transferred to him and, in such a case, the deposit made by the latter shall be refused to him: Provided further that, as amongst raiyat possessing lands adjoining such holding, preference shall be given to the raiyat, having the longest common boundary with the land transferred.