JELLA RAHAMAN MONDAL Vs. GELEZAM BIBI

JUDGEMENT

(1.) THIS revision has been preferred against the judgment In Misc. Appeal No. 132 of 1984 delivered by the third Court of Additional District Judge, Murshidabad.

(2.) THE opposite party filed an application for pre-emption in the first court of Munsif, Berhampore under section 8 of the Land Reforms act. She sought to pre-empt by virtue of her being a co-sharer of the holding by purchase. The Munsif by a cryptic order allowed the application ex-parte. The petition preferred an appeal which ended in dismissal.

(3.) IN order to maintain am application under section 8 of the West bengal Land Reforms Act hereinafter called the Act the pre-emptor must be a co-sharer of the holding. There is no dispute that the opposite party purchased 33 decimals of land appertaining to plot No. 897 of khatian No. 2937 of mouza Shibnagar, Laskarpur on 16/12/77. There is no controversy either that the land sought to be pre-empted also appertains to the same khatian and jama. Referring to the decision in Madan mohan v. Sishu Bala (AIR 1972 Cal 502) it is argued that the opposite party cannot be a co-sharer of the holding. The said decision has no manner of application in the present case. The effect of vesting and retention of land came up for consideration before their lordships. In the instant case the opposite party claims to be a co-sharer in the holding by purchase.