SURENDRA NATH JANA Vs. ABHIMANYU JANA AND ANR.

JUDGEMENT

(1.) This Rule hag been obtained by an applicant for per-emption under Sec. 8 of the West Bengal Land Reforms Act, (hereinafter referred to as the Act). On March 30, 1970 the opposite party No. 2 sold his 1/4th share in plot No. 468 appertaining to R.S. Khatian No. 2 along with other plots to the opposite party No. 1. The petitioner wanted pre-emption of the plot on the ground that he was a co-sharer in the holding and also on the ground that he had land adjacent to the disputed plot. The application was contested by the opposite party No. 1 on the ground that it was not maintainable and also that it was barred by limitation.

(2.) The application under Sec. 8 of the Act was filed on July 5, 1971 before the Revenue Officer, Contain. On July 15, 1972 the records were transferred to the Munsif, Contai, in view of the amendment to section 8 brought about by the Amending Act XII of 1972. On behalf of the applicant for pre-emption it was urged before the learned Munsif that the applicant was kept out of knowledge of the transfer as that opposite party No. 1 did not exercise any act of possession in the disputed plot. This contention was not accepted by the learned Munsif who came to the conclusion that it was impossible that the applicant came to know of the transfer for the first time on 1st Jaistha, 1378 B.S. The learned Munsif dismissed the application for pre-emption on the ground that it was barred by limitation. Against this order the petitioner filed an appeal before the lower appellate Court which was heard by the learned Additional District Judge, Midnapore. The learned Additional District Judge concurred with the findings of the learned Munsif and dismissed the appeal. Against the said order the petitioner has obtained the present Rule.

(3.) Mr. Mukherjee, learned Advocate for the petitioner has contended that the Courts below were wrong in dismissing the application on the ground that it was barred by limitation in view of the fact that the petitioner had no knowledge of the transfer and as such the last date for filing the application was 3 years from the date of his knowledge and the present application having been filed on July 5, 1971, it was well within the period of limitation.