SHYAMAL KUMAR DATTA Vs. BIPIN CHANDRA DAS
LAWS(CAL)-2021-2-92
HIGH COURT OF CALCUTTA
Decided on February 25,2021

Shyamal Kumar Datta Appellant
VERSUS
Bipin Chandra Das Respondents


Referred Judgements :-

BHUBAN CHANDRA SAMANTA VS. JAMINI BHUSAN KAR [REFERRED TO]
SUBAL MONDAL VS. GOPAL CHANDRA MONDAL [REFERRED TO]


JUDGEMENT

HIRANMAY BHATTACHARYYA,J. - (1.)The instant application under Article 227 of the Constitution of India is at the instance of the opposite parties in a Misc. case under Section 8 of the West Bengal Land Reforms Act, 1955 (for short, the Act of 1955) and is directed against the judgment and order dated December 19, 21019 passed by the Additional District Judge, Alipurduar in Misc. Appeal No.11 of 2013.
(2.)The opposite party herein filed an application under Section 8 of the Act of 1955 before the learned Civil Judge (Junior Division) at Alipurduar being Misc. Pre-emption Case No.39 of 2008 on the ground of vicinage.
(3.)The case made out by the pre-emptor/opposite party herein in the application under Section 8 of the Act of 1955 may be summed up as follows:-
The opposite party herein claims to be the owner of 'B' Schedule property situated to the contiguous north of the Schedule property. The petitioner nos. 1 to 4 and 7 herein transferred 79 decimals of land specifically mentioned in schedule of the property to the petitioner nos.5 and 6 herein by a registered Deed of Sale dated April 24, 2008 for a consideration of Rs.2.37 lakhs. No statutory notice was served upon the pre-emptor prior to the sale on July 24, 2008. The opposite party herein came to know about such transfer after obtaining the certified copy of the deed. The opposite party herein claims that he is a contiguous raiyat possessing land adjoining to the land to be pre-empted having longest common boundary.

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