- (1.) The present revisional application is arising out an order dated 27th March, 2012 passed by the Civil Judge (Junior Division), 1st Court, Arambagh in connection with Misc. Case No.33 of 2009. The petitioner is the pre-emptor.
(2.) The petitioner filed an application under Section 8 of the West Bengal Land Reforms Act against the pre-emptees/opposite parties praying, inter alia, for decree for pre-emption in respect of the property sold in favour of the preemptee/defendant no.1 by a deed of conveyance for determination of consideration money and other reliefs. In the said application it was alleged by the petitioner that with a view to deprive the petitioner from making a claim for pre-emption, the transferor and the transferee have purposely and motivatedly inflated the price of the said property on a complete misrepresentation of the share of the opposite party no.2 in respect of the said property. The value of the share of the opposite party no.2 would not exceed more than Rs.50,000/- and, accordingly, the consideration amount shown in the said deed of conveyance is not the actual consideration amount that is required to be paid for such transfer.
(3.) During the pendency of the aforesaid application, the opposite party no.1 made an application under Section 9 of the West Bengal Land Reforms Act, 1955, inter alia, praying for determination of actual consideration amount in respect of the said transaction. It is contended that the evidence in connection with the petition filed under Section 9 of the West Bengal Reforms Act, 1955 has been concluded and the matter is fixed for argument. During the pendency of the said application, an application was filed by the petitioner under Section 151 of the Code of Civil Procedure for hearing of the petition under Section 9 of the West Bengal Land Reforms Act along with the application under Section 8 of the said Act, the reason being made, that in the application filed by the opposite party no.1 a dispute has been raised regarding the consideration money and such issue is required to be decided along with the application filed under Section 8 of the West Bengal Land Reforms Act. After considering the rival contention, the learned Civil Judge held that without depositing the consideration money together with a further sum of 10 per cent of that amount, the hearing of the application under Section 8 of the West Bengal Land Reforms Act, 1955 cannot be claimed. The learned Court below has relied upon the decision reported in 96 CWN 1122 (In Re: Smt. Namita Biswas).;