Prasenjit Mandal - (1.) THIS application is at the instance of a pre-emptee and is directed against the judgment dated March 31, 2007 passed by the learned Additional District Judge, Fast Track nd Court, Contai in Misc. Appeal No.32 of 2006 thereby reversing the Order No.27 dated January 18, 2005 passed by the learned Civil Judge (Junior Division), 1st Court, Contai in Misc. Case No.55 of 2001 and thereby rejecting the Misc. Case under Section 8 of the West Bengal Land Reforms Act, 1955.
(2.) THE opposite party instituted an application under Section 8 of the West Bengal Land Reforms Act, 1955 for pre-emption against the petitioner in respect of the land in case. THE said application was contested by the petitioner/opposite party. On the basis of the evidence on record, the learned Trial Judge dismissed the said application being registered as Misc. Case No.55 of 2001. THE pre-emptor preferred a Misc. Appeal being Misc. Appeal No.32 of 2006 and that Misc. Appeal was allowed on contest without costs. Consequently, the application under Section 8 of the West Bengal Land Reforms Act, 1955 in respect of the land in case was allowed by the impugned order. Being aggrieved, this application has been preferred. Now, the question is whether the impugned order should be sustained. Upon hearing the learned Counsel for the parties and on going through the materials-on-record, I find that it is not in dispute that Dharanidhar Mandal was the owner of 38 decimals of land under Plot No.3699 as described in the schedule of the application under Section 8 of the 1955 Act. As per materials-on-record, Dharanidhar Mandal sold 16 decimals of land from the western portion of that plot to the pre-emptee by a registered Deed of Sale dated April 6, 1984. After transfer of such 16 decimals of land Dharanidhar possessed the remaining 22 decimals of land in the said Plot No.3699. The pre-emptor has contended that he is an adjoining plot holder bearing No.3699/4295. Dharanidhar had again sold western side of the Plot No.3699 out of his remaining 22 decimals of land to the pre-emptee by a registered Deed of Sale dated April 4, 2001 and this piece of land is described as 'Ka' Schedule land. This 'Ka' schedule land is adjacent to the land of the pre-emptor as indicated above having common boundary through its north-eastern border. So, the application for pre-emption was filed on the ground of vicinity. As indicated above, the pre-emptee purchased 16 decimals of land out of the Plot No.3699 long time back and this portion of land is situated to the western side of the Plot No.3699. The land in case as described in Schedule 'Ka' to the application is situated towards adjacent east of the portion of the land purchased by the pre-emptee earlier.
(3.) IT may be noted herein that the present pre-emptor did not prefer any application for pre-emption in respect of the land purchased by the pre-emptee in 1984 to the tune of 16 decimals as stated above. As per materials-on-record, there is no indication that such 16 decimals of land had been partitioned in accordance with the provisions of Section 14 of the 1955 Act. So, unless and until the said portion of 16 decimals of land is demarcated by partition according to Section 14 of the said Act, it shall be presumed that the pre-emptee became a co-sharer of the Plot No.3699 by the Deed of Purchase dated April 6, 1984. The co-sharer of a raiyat in a plot of land has been defined in Section 2(6) of the 1955 Act and for convenience, the said Section 2(6) is mentioned below:- " A co-sharer of a raiyat in a plot of land" means a person, other than the raiyat, who has an undemarcated interest in the plot of land along with the raiyat; For convenience, the definition of a raiyat as stated in Section 2(10) is also mentioned below:- "raiyat means a person or an institution holding land for any purpose whatsoever;" So, the pre-emptee shall be treated as a co-sharer of the Plot No.3699. Since, no application for pre-emption was sought for by the pre-emptor in respect of the Deed dated April 6, 1984 against the pre-emptee and since by the fact that, by lapse of time and for non-compliance of Section 14 of the 1955 Act, the pre-emptee shall be treated as a co-sharer of the plot in case, the pre-emptee had become a co-sharer of the plot in case by virtue of the Sale-Deed dated April 6, 1984.;