SARANAN MONDAL Vs. BEJOY BHUSHAN GHOSH

JUDGEMENT

(1.) THIS Rule is directed against order dated April 5, 1976 of the learned Additional District Judge, Birbhum, whereby the learned District Judge dismissed the appeal preferred from order dated May 21, 1974 made by the learned Munsif, at Dubrajpur.

(2.) THE present petitioner made before the said learned Munsif an application under section 8 of the West Bengal Land Reforms Act, 1955 with a view to enforcing his right of pre -emption and the case made out in the said application under Section 8 is that the opposite party No. 2 Bhanubala Dassi by a registered Kobala dated July 20, 1973, (corresponding to 4th Shravan 1380 B.S.) transferred to O.P. No. 1 for a consideration of Rs. 1499/ -plots Nos. 2055, 2048 and 2076 under Khatian No. 109 within Mouza Simlakuri under P.S. Dubrajpur in the district of Birbhum, that the petitioner is the owner of Plot No. 2109 which is adjacent to said Plot No. 2055 having the longest common boundary with the land transferred, that the petitioner is accordingly entitled to pre -empt the land transferred and that he -has deposited the entire consideration money together with a further sum of Rs. 150/ - representing 10% of the consideration money.

(3.) THE learned Munsif dismissed the Misc. case arising out of the said application under section 8 on the ground that section 8 of the said Act imposes an unreasonable restriction on the right to hold and dispose of property guaranteed by Article 19(1)(f) of the Constitution.