Bibek Chaudhuri - (1.) The instant revision under Article 227 of the Constitution of India is filed by the pre-emptees/petitioners challenging legality, validity and propriety of the order dated 31st May, 2016 passed by the learned Additional District Judge, Fast Track, 2nd Court at Kandi in the district of Murshidabad in Misc. Appeal No. 14 of 2010 affirming the order dated 31st August, 2010 passed by the learned Civil Judge (Junior Division), 2nd Court at Kandi, Murshidabad in Misc. Case No. 27 of 2007 under Section 8 of the West Bengal Land Reforms Act (hereafter the said Act).
(2.) The opposite parties as petitioners filed an application under Section 8 and 9 of the said Act stating, inter alia, that they inherited the case land mentioned in schedule 'Ka' of the said application after the death of their father Late Srishtidhar Mondal. The petitioners had been possessing the said 'ka' schedule property jointly. One Somnath Kabiraj and Dhirendranath Kabiraj are the owners of the land mentioned in schedule 'kha' of the application. The said 'kha' schedule property is part and parcel of 'ka' schedule property and accordingly, the petitioners claimed to be co-sharers in respect of 'kha' schedule property. It is alleged by the petitioners that the said Somnath Kabiraj and Dhirendranath Kabiraj transferred the 'kha' schedule property to the opposite parties/petitioners herein by executing a deed of sale without serving any notice to the petitioners/opposite parties herein under Section 5 of the said Act. The present opposite parties came to know about such transfer of 'kha' schedule land in favour of the present petitioners sometimes in the month of May, 2007 and on 22nd May, 2007, they came to know that the case land was sold out by the said Kabiraj brothers in favour of the present petitioners at a consideration price of Rs.52,000/-, though in the deed the consideration price was shown inflated at Rs.1,10,000/-.
(3.) The petitioners herein as opposite parties of the said pre-emption case no. 28 of 2007 contested the said Misc. Case by filing a written objection wherein they denied material allegations made out by the petitioners in the application under Section 8 of the said Act. Specific case of the present petitioners was that the said Kabiraj brothers, vendors of the present petitioners first approached the opposite parties herein to purchase the case land at a consideration price of Rs.1,10,000/-. But the opposite parties were not agreeable to purchase the case land paying highest consideration money. Thereafter, the vendors sold out the case land by executing a registered deed of sale on 22nd August, 2005. The opposite parties further pleaded that they are the contiguous land owners in respect of the case land having longest common boundary and the petitioners have no right to claim pre-emption of the case land. Accordingly, they prayed for dismissal of the application under Section 8 and 9 of the said Act.;