JYOTISH CHANDRA SARDAR Vs. HIRA LAL SARDAR

JUDGEMENT

(1.) There is a common question, involved in these two rules, and that question is whether the Sub -section (1) of Sec. 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 Sec. 8 of the West Bengal Land Reforms Act.

(3.) Sub -section (1) of Sec. 8 of the above Act runs as follows: