SIDDHARTHA CHATTOPADHYAY, J. - (1.) The petitioner challenges the Order No. 13 dated 5th February, 2016, passed by the learned Civil Judge, (Junior Division) 1st Court, at Arambagh in Pre-emption Miscellaneous Case No. 31 of 2014, by which he has been directed to deposit a sum of Rs.2,09,000/- towards the balance consideration money of the suit property together with statutory interest as a pre- condition to the pre-emption proceeding being continued.
(2.) In the revisional application the petitioner ventilated all his grievances contending inter alia that the learned Court below failed to construe the true import of Section 9 of West Bengal Land Reforms Act. According to him, a pre-emption suit is well- maintainable even by filling a short deposit than the value of the deed, if there is an inflated consideration amount. Learned Court below ought to have made a proper inquiry by taking the evidence and should have taken a pragmatic view. He also wanted to assail the order in question contending inter alia that the evidence was led by the parties, but that was not properly considered.
(3.) As against this, learned Counsel appearing on behalf of the opposite party contended that such an application is not maintainable in view of Section 9 (6) of West Bengal Land Reforms Act. His contention is such that after making proper inquiry and on appreciation of evidence the learned Court below has passed a very well-reasoned order, which does not warrant any interference.;