GITA NANDY Vs. SATYA KINKAR PATRA
LAWS(CAL)-1981-1-5
HIGH COURT OF CALCUTTA
Decided on January 01,1981

GITA NANDY Appellant
VERSUS
SATYA KINKAR PATRA, Respondents

JUDGEMENT

- (1.)This Rule is directed against an order passed in a proceeding initiated under section 8 of the West Bengal Land Reforms Act. The applicant Sm. Gita Nandi filed an application on 19th August 1971, after she un-successfully filed an application under Section 24 of the Non-agricultural Tenancy Act came up to this Court and it was held ultimately that the West Bengal Non-agricultural Tenancy Act does not apply in respect of the land sought to be pre-empted.
(2.)We are concerned with a sale deed by which one Renuka sold the land to Satya Kinkar Patra on 17.11.66 at a price of Rs. 1500/-. The plot in question is numbered as 794 of C. S. Khatian No. 1813. The interest of Abdul Based in the said plot devolved on Amir Hossain and Asasul Hossain. This Hossain brothers sold the whole of the plot to Nandalal Das on 19.9.60. The applicant Gita Nandi purchased a portion of plot No. 794 and other lands from Nandalal Das and others and built a pucca structure on the said portion. Nandalal made a gift of plot No. 794 to one Renuka Dasi. Renuka as we have already said sold to Satya Kinkar Patra on 17.11.66. On 18.11.66 Satya Kinkar Patra sold away the land again to Md. Jakeria at a price of Rs. 2000/- whereupon Sm. Gita Nandi filed Mis. Case under section 24 of the West Bengal Non-agricultural Tenancy Act and lost upto High Court. After the rule was discharged on 2nd August, 1971 in the present application under section 8 of the West Bengal Land Reforms Act was filed before the S.L.R.O. being Misc. Case No. 18 of 1971. In the meantime on 23rd March, 1972 West Bengal Ordinance IX of 1972 was promulgated. On 4th May, 1972 the West Bengal Land Reforms (Amendment) Act, 1972 was passed. On 25th August, 1972 an application was filed before the Revenue Officer for transferring the case to the learned Munsif. On 28th August, 1975 the learned Munsif heard the matter and rejected the application under Section 8 of the Land Reforms Act as barred by limitation as also on the ground that the petitioner is not a co-sharer of the land transferred. An appeal was taken and dismissed. The appellate as well as the learned Munsif's order.
(3.)Before I refer to the argument advanced by the parties it is convenient for me to set out the relevant provision of the amendment of the West Bengal Land Reforms Act as amended being Act XII of 1972. Prior to the said Amendment Act, West Bengal Ordinance IX of 1972 was enacted. In the Ordinance the relevant portion which sought to be amended is that be section 8 of the amending order section 9 of the Parent Act was amended and it was provided under sub-section (6) of section 9 that for the word "Munsif" the word "District Judge" shall be substituted or in the other words in the amended section 9 every appeal pending before the Revenue authority shall stand transferred to the learned Munsif has now revised by the amendment and shall be dealt with by the Additional District Magistrate. Under sub section (7) it has been further provided that the Appeal pending before on Additional Magistrate shall stand transferred to and be disposed of by the District Judge. The amendment Act however made some differences and sought to be amended section 8 of the Act by section 7 of the Amending Act. Un-amended section 8 gave the power to the Revenue Officer to hear out the application for pre-emption. By the amendment this power was taken away and the learned Munsif having territorial jurisdiction was given the power to dispose of the mater. Section 8 of the parent Act was further amended by addition of sub-section (3) which is as follows :-
"(3). Every application pending before a revenue Officer at the commencement of section 7 of the West Bengal Land Reforms (Amendment) Act, 1972, shall on such commencement, stand transferred to, and be disposed of by the Munsif if having jurisdiction in relation to the area in which the land is situated and on such transfer every such application shall be dealt with from the state at which it was so transferred and shall be disposed of in accordance with the provisions of this Act, as amended by the provisions of this Act, as amended by the West Bengal Reforms (Amendment) Act, 1972".



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.