- (1.) The present application under Article 227 of the Constitution is directed against the judgement and order dated 14-05-2004 passed by the learned Additional District Judge and Judge, 1st Fast Track Court, Chandernagore, in Misc. Appeal No. 92 of 1995 thereby affirming the judgement and order dated 09-02-1985 passed by the learned 1st Court of Munsif, Chandernagore, in Misc. Case No. 49 of 1989.
(2.) The opposite parties as pre-emptors filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 as against the present petitioner as opposite party No. 1 and one Gopa! Chandra Das (since deceased)', the predecessor of the proforma opposite parties herein. lt was claimed in the said application under Section 8 of the W.B.L.R. Act that the case plot being No. 1173 measuring 92 sataks originally belonged to Ashutosh Das and Dasorathi Das to the extent of 8 anna share each. Ashutosh Das died leaving 3 sons, namely, Santiram Das, Gopal Chandra Das and Gour @ Gobinda Chandra Das. Among the heirs of Ashutosh Das and Dasorathi Das, there had been a partition of the case plot. The demarcated portion of the property was allotted in the manner is described in the petition. Santiram got 'A' schedule property, Gopal got B' schedule property, Gour @ Gobinda got 'C' schedule property and Ananta Bala Das got 'D' schedule property. The opposite party No. 1 got demarcated 'C' schedule land of the said case plot to the east of the 'B' schedule property, i.e. the portion of Sri Gopal Chandra Das. The opposite party Nos. 2 and 3, i.e. the sons of the opposite party No. 1 got 'A' schedule property, i.e. the portion of the said Santiram Das by way of bequest from Panchubala Dasi, the wife of the said Santiram Das, which is adjacent west to the 'B' schedule land of said Gopal Chandra Das, the predecessor of the proforma opposite parties.
(3.) On 18-10-1986, the said Gopal Chandra Das without serving any notice to the opposite parties sold out his share of the plot and the deed was finally registered on 21-11-1989. The opposite parties being raiyats possessing the adjacent land of the land which was transferred by the said deed, filed a pre-emption application.;