Shivakant Prasad, J. - (1.) Petitioners have challenged the order dated 13.11.2014 passed by Additional District Judge, Tehatta at Nadia in Miscellaneous Appeal No. 36 of 2013, affirming the order dated 30.9.2013 passed by Civil Judge (Junior Division), Tehatta, Nadia in Miscellaneous Preemption Case No. 14 of 2011.
(2.) Brief facts leading to this case is that the suit plot being RS and LR Plot No. 2608 appertaining to LR Khatian No. 2501previously belonged to Bijoy Krishna Hira who transferred 11 decimals of land to Santosh Kumar Hira by a registered deed of gift No. 1651 dated 27.4.2004 and delivered possession thereof. Said Santosh Kumar Hira sold 9 decimals out of 11 decimals of land in the suit plot to the petitioner Sudhir Hira vide sale deed No. 6801/09 and delivered possession thereof. Accordingly, the petitioner/preemptor claimed to be a co-sharer in the suit plot. Said Santosh Kumar Hira sold land in various plots including land measuring 1.65 decimals to the opposite parties/preemptee Nos. 1 & 2 stranger purchaser on 09.08.2010 by a registered sale deed No. 6163 of 2010 without knowledge of the preemptor as no notice under Section 5 of the WBLR Act was served upon him. The preemtor came to know about the transfer on 05.12.2010. It is contended that in order to avoid preemption, the preemptees purchased the suit property mentioned in the schedule 'A' of the preemption petition along with other non-suit plots for a consideration of Rs. 2,56,500/-.
(3.) The preemptees contested the preemption case denying all materials particulars and prayed for dismissal of the case. The specific case of the present petitioners is that the present opposite party no. 1/preemptor Sudhir Hira has no relationship of co-sharership with Santosh Kumar Hira opposite party no. 2 as the demarcated portion of land has been purchased. That apart the preemption is barred by the law of limitation.;