PROMODE RANJAN BANERJEE Vs. NIRAPADA MONDAL

JUDGEMENT

(1.) The petitioner-appellant filed an application for pre-emption. The sllegation is that the petitioner is a co-sharer. The land appertaining to the Plot No. 3310 measuring .74 cents constitutes a holding. Satish Chandra Pramanick was the owner of another holding having an area of .74 decimals. Satish Chandra Pramanick sold his property to one Lutfar Rahaman on 5-8-1970 for Rs. 1,500/-. There was an agreement for reconveyance of the property. The right of reconveyance was transferred to the opposite party, who instituted a suit against Lutfar Rahaman for specific performance of contract and he obtained a decree. The petitioner, had no knowledge of the transfer. On 22-9-1972, he became aware of such transfer, He filed an application for pre-emption on the footing that he was a co-sharer. Subsequently, he made a prayer for preemption on the ground of vicinage. That prayer was turned down and hence, that application was not proceeded with and it was dismissed for default. Thereafter he again applied for pre-emption according to the provisions of Section 8 of the West Bengal Land Reforms Act X of 1956 on the ground of vicinage. He also put in an application under Section 5 of Limitation Act for condonation of delay,

(2.) The opposite party filed an objection.

(3.) The learned Munsif allowed the prayer for pre-emption,