- (1.) In this revisional application the petitioner challenges an order dated 28th April, 2006 passed by the Ld. Additional District Judge, Fast Track Court-I, Basirhat in Misc. Appeal No. 2 of 2005 thereby affirming the order dated 15th February, 2005 passed by the 2nd Court of Civil Judge (Junior Division) at Basirhat, District 24 Parganas (N) in Misc. Case No. 52 of 1995.
(2.) The opposite party filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 being Misc. Case No. 52 of 1995 to preempt the sale of suit property in favour of the petitioner on the ground that the opposite party is a co-sharer of the suit property as also owner of the plot of land adjoining the suit property.
(3.) By the order dated 15th February, 2005, the Ld. Trial Court allowed the pre-emption application holding that the opposite party is a co-sharer of the plot of land in question. The Ld. Trial Court rejected the petitioner's contention that the application for pre-emption was barred by limitation. The Ld. Court held that since no notice of transfer was served on the opposite party as required by Section 5 (5) of the said Act, the period of limitation of three months mentioned in Section 8 of the Act does not apply and the period of limitation shall be treated as three years from the date of transfer. The sale deed was executed in favour of the petitioner on 15th July, 1992 and the same was registered on 13th November, 1992. Therefore, date of transfer must be taken to be 13th November, 1992. The pre-emption application was filed on 12th May, 1995 i.e. within three years from the date of transfer. Accordingly, the Ld. Judge allowed the opposite party's application for pre-emption.;