Tapan Mukherjee, J. - (1.) This Revisional Application is directed against the order passed by the learned Additional District Judge, Alipore in Misc. Appeal No. 294 of 1992 reversing the impugned order dated 6.6.1992 passed by the learned Munsif, Alipore in Misc. Case No. 70 of 1987 allowing the petition for pre -emption under Sec. 8 of the West Bengal Land Reforms Act, 1955 on the ground of vicinage.
(2.) It has been contended by the learned Counsel for the petitioner that the petitioner is the adjoining land owner of the disputed property which was transferred to O.P. No. 1 by O.P. No. 2 by virtue of the registered deed of sale dated 28th April, 1986. Though the said property was purchased by O.P. No. 1 on 28th April, 1986, the said fact was not brought to the notice of the petitioner -pre - emptor by or exercising fraud and on 24th June, 1987, the O.P. No. 1 for the first time came to the case land and she was digging earth on the case land with a view of raising the same to high land. On being questioned by the petitioner, the O.P. No. 1 for the first time disclosed to the petitioner that she had purchased the disputed land from O.P. No. 2 by way of registered Kabala dated 28th April, 1986. After searching, the petitioner got the certified copy on 27th June, 1987 and filed the application for pre -emption under Sec. 8 of the West Bengal Land Reforms Act, 1955 as an adjoining land owner having the largest common boundary.
(3.) The learned Counsel of the petitioner has further contended that for keeping the matter of transfer secret for a long time from 28.04.1986 to 24.06.1997, the possession of the disputed land was not taken by the O.P. No. 1 only to prevent the petitioner from knowing about the said transfer and from taking appropriate remedy under Sec. 8 of the West Bengal Land Reforms Act, 1955 within the prescribed time of four months from the date of transfer. The learned Counsel of the petitioner has also contended that the Kabala was executed on 28.04.1986, the same was registered on 16.06.1986 and the registration was completed on 30.09.1986. The learned Counsel of the petitioner has further contended that as fraud was exercised upon the petitioner by the O.P. No. 1 and the fraud was discovered only on 24.06.1987 so the petitioner was entitled to the benefit of Sec. 17 of the Limitation Act and to file the application for pre -emption within four months from the date of discovery of fraud.;