Biswajit Basu, J. - (1.) Affidavit of service filed in Court today be kept with the record. None appears on behalf of the opposite parties to oppose the present revisional application in spite of service. The revisional application under Article 227 of the Constitution of India is at the instance of the pre-emptees in a proceeding under Sections 8 & 9 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the said Act in short) and is directed against an order dated December, 22, 2017 passed by the Learned Additional District Judge Baruipur in Misc. Appeal no. 14 of 2015 thereby affirming the order no. 95 dated March 31, 2015 passed by the 1st Court of learned Civil Judge (Junior Division) Baruipur, District 24 Parganas, South in Misc. Case no. 68 of 2013.
(2.) The opposite party filed an application under Section 8 of the said Act to pre-empt the disputed sale on the ground that the vendor of the preemptees/petitioners is the co-sharer of the pre-emptor/opposite party in respect of the suit land which has been transferred in favour of the preemptees/petitioners who are strangers to the suit land and without serving the required statutory notice under sub-Section 5 of Section 5 of the said Act upon him. The said application for pre-emption was registered before the learned Trial Judge as Misc. Case no. 68 of 2013. The pre-emptees/petitioners objected the said claim of the preemptor/opposite party on the ground that the application for pre-emption is barred by law of limitation.
(3.) The learned Trial Judge overruled the said objection of the preemptees/petitioners holding that since the application for pre-emption was filed within one year from the date of completion of the registration of the impugned deed of sale, the same was filed within time and allowed the said Misc. case. The appeal Court below placed reliance on the Division Bench Judgment of this Court in the case of Nurul Islam Vs- Esratun Bibi, 2017 3 CalHN 678 to hold that the period of limitation for filing an application for pre- emption of a sale on the ground of non-notified co-sharer shall be one year from the dated of completion of the registration of the deed of sale sought to be pre-empted in terms of Article 97 of the Limitation Act, 1963 and on the said ground affirmed the judgment and order of the learned Trial Judge.;