BHUPATI RANJAN SHOME Vs. AFIZUDDIN SHEIKH

JUDGEMENT

(1.) This appeal is at the instance of the pre-emptees.

(2.) Respondent No.1 filed an application under section 96 of the State Acquisition and Tenancy Act for pre-emption of 12'34 acres of lands of some plots of C.S. Khatian No. 19 and also for 12'21 acres of land of subordinate Khatian Nos.2-25,27-28 and 36 of Mouza Hemchapur. His case is that '50 acre out of '90 acre of land of Plot No.333 belonged to Ananda Chandra Majumder who sold the same to Krishna Kumar Dey, Kamini Kumar Dey, Jamini Kumar Dey and Nalani Kumar Dey. Krishna Kumar died without any issue leaving three brothers and widow Saudamini who jointly sold the said land to Monoroma who in her turn sold the same to Satya Charan and the latter in his turn sold the same to Bhagaban Chandra Das. Bhagaban Chandra being in possession of '50 acre in Plot No.333 sold '25 acre of land on 13th February, 1956 to pre-emptor-respondent No. 1 and his brother whose names along with others were recorded correctly in the S.A. Khatian No. 23, formerly C.S. Khatian No.19. Bhagaban Chandra sold his remaining interest, that is '25 acre, to respondent No.1 and his brother on 23rd August 1969 and thus the respondent became a co-sharer in the holding in question and as a co-sharer and an owner of contiguous lands he was entitled to pre-empt the land sold in auction on 12th December 1969 to the pre-emptees who were strangers to the case holding. Respondent No.1 also asserted that he had no knowledge of the auction sale till 12th February, 1967 when he heard about the sale from one Nurullah. After obtaining a certified copy of the sale certificate on 30th March, 1967 he filed the case for pre-emption on 5th April, 1967.

(3.) The present appellants contested the case on the ground that it was not maintainable and it was barred by limitation.