Chittatosh Mookerji, J. - (1.) This Revisional Application arises out of a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955. One Surya Kanta Haidar (since deceased) was a raiyat in respect of the lands recorded in C. S. Khatian No. 1333 (corresponding to R. S. Khatian No. 1824), mouza Matla, within P. S. Canning, district 24 Parganas. According to the petitioner, on 31st July, 1961 one Charu Chandra Karmakar by purchasing about 05 acres of land in R. S. Dag No. 3720/5693 and 3720/5729 appertaining to the afore-said jama from some of the heirs of Surya Kanta Haldar had become a co-sharer. On 3rd September, 1971 the petitioner had purchased the said 05 decimals of land from Hazari Karmakar & Ors. who were successors-in-interest of Charu Chandra Karmakar and he had become a co-sharer tenant in respect of the said R. S. Khatian No. 1824 of mouza Matla. On 18th July 1973 the proforma-opposite parties 2 to 5 who were the daughters of deceased Surya Kanta Haldar executed a kabala transferring 62 1/2 acres of land (including 191 acres of land in the aforesaid Dag No. 37 20/5729) in favour of the opposite party No. 1.
(2.) On 30th August, 1974, the present petitioner filed an application under Section 8 of the West Bengal Land Reforms Act, inter-alia, praying for preemption in respect of the said 19 1/2 acres of land in R. S. Khatian No. 1824 out of the property transferred by the proforma-opposite parties 2 to 5 to opposite party No. 1. The present petitioner alleged that he was a co-sharer tenant and secondly he was as owner of the lands adjoining to the transferred lands. The opposite party No. 1 and the proforma opposite parties 2 to 5 had contested the said case.
(3.) The learned Munsif, 1st Additional Court, Baruipore, dismissed the said application of the petitioner under Section 8 of the West Bengal Land Reform Act. The learned Munsif found that his application for preemption on the ground of vicinage was barred by limitation. Secondly, the disputed land was a homestead and therefore it was not a raiyati holding and the petitioner was not a co-sharer tenant. Thirdly, the transfer in question not being for monetary consideration, the same was not liable to be preempted under Section 8(1), of the Act. .The petitioner being aggrieved, by the said decision, preferred an appeal. The learned Additional District Judge, 6th Court, Alipore, dismissed the said appeal. The learned Additional District Judge held that the present petitioner was a co-sharer and he had not been served with any notice of the transfer and, therefore, his preemption application which was made within three years from the date of transfer was not barred by limitation. The learned Additional District Judge further held that the holding in question was a raiyati holding and the present petitioner had become a co-sharer raiyat by his aforesaid purchase and his right of preemption was not otherwise barred. The learned Additional District Judge, however, found that the petitioners application for preemption was bound to fail on the ground that the transfer in favour of the opposite party No. 1 was not for monetary consideration. According to the learned Additional District Judge only transfers for money consideration were subject to preemption under Section 8(1) of the West Bengal Land Reforms Act, 1955. Thereafter, the petitioner obtained the present Rule.;