RAMKRISHNA CHAKRABORTY Vs. MANGOBINDA CHAKRAVARTY

JUDGEMENT

(1.) This revisional application under Sec. 115 of the Code of Civil Procedure is at the instance of pre-emptors in a proceeding under Sec. 8 of the West Bengal Land Reforms Act ("Act") and is directed against order dated Aug. 13, 1992 passed by the learned Additional District Judge, 3rd Court, Midnapore in Misc. Appeal No. 38 of 1989 thereby affirming order dated March 8, 1989 passed by the learned Munsif, 2nd Court, Tamluk in Judicial Misc. Case No. 16 of 1987.

(2.) The present petitioners filed an application under Sec. 8 of the Act for pre-emption in respect of Plot No. 1599, Mouza- Monoharpur appertaining to Khatian No. 275 on the ground of adjoining ownership. There is no dispute that opposite party Nos. 3 and 4 by three different sale deeds sold to the opposite party Nos. 1 and 2 several plots of land including the said Plot No. 1599. Since by all the three deeds, different parts of Plot No. 1599 were sold, the present petitioners filed a single application for pre-emption in respect of the said Plot No. 1599 covered by all the three Kobalas.

(3.) The aforesaid application was opposed by the opposite party Nos. 1 and 2 by filing written objection and their defence was, inter alia, that the pre- emption application was not maintainable for pre-empting one of the plots covered by the sale deeds although the petitioners are also adjoining owners in respect of other plots covered by the deeds. The further defence of the opposite party Nos. 1 and 2 was that even as co-sharer the petitioners could claim pre-emption in respect of few other plots covered by those deeds. The opposite party Nos. I and 2 further contended that there being no partition among the co-sharer of the adjoining plots and the petitioners being only two of the cosharers, could not maintain an application for pre-emption on the ground of vicinage.