- (1.) This application is at the instance of the pre-emptees and is directed against the order dated June 13, 2013 passed by the learned Additional District & Sessions Judge, Fast Track 2nd Court, Tamluk in Misc. Appeal No.50 of 2005 thereby affirming the order of the pre-emption passed by the learned Trial Judge in Misc. Pre-emption Case No.44 of 2003.
(2.) The question is whether the Courts below are justified in arriving at a concurrent finding that the pre-emptors/opposite parties herein have fulfilled the conditions for pre-emption as provided in Sections 8 & 9 of the West Bengal Premises Tenancy Act, 1955. Section 8 of the Pre-emption Act has undergone a change in the year 2000 and according to the new provisions of Section 8 of the West Bengal Land Reforms Act, if a portion or share of a plot of land of a raiyat is transferred to any person other than a co-sharer of a raiyat in the plot of land, an application for preemption will lie under certain other terms and conditions.
(3.) In the instant case, the two plots, namely, Plot Nos.760 & 761 as described in Schedule 'Kha' to the plaint measuring about 53 decimals of land originally belonged to three persons, namely, Netai Pramanik, Kishori Pramanik and Banamali/Radheshyam Pramanik having 1/3rd share each over the total area of 53 decimals of land. After the death of Kishori, his share had devolved upon his legal heirs who sold the same to one Radhanath Mondal and after the death of Radhanath Mondal, his share had again been re-sold to the pre-emptors by a deed of kobala dated November 14, 1999. The lands in case which have been described in Schedule 'Ka' originally belonged to Netai who had transferred the same to his three sons by executing a 'Nirupanpatra' and from them the opposite party nos.1 & 2 had purchased the 'Ka' schedule property by a deed of kobala dated August 4, 2003 and registered on September 2, 2003.;