SREE BALAJEE SEVA SAMITY Vs. SUNIL KUMAR GOYAL

JUDGEMENT

(1.) CHALLENGE is to the order dated July 29, 2005 passed by the learned Additional District Judge, First Court, Siliguri in Civil Revision No.5(S) of 2003 arising out of the order no.43 dated January 14, 2003 passed by the learned Civil Judge (Junior Division), Siliguri in Misc. Judicial Case No.32 of 1997.

(2.) THE matter relates to an application for amendment of an application under Section 8 of the West Bengal Land Reforms Act, 1955. THE petitioners and the opposite party nos.3 & 4 filed an application for pre-emption under Section 8 of the West Bengal Land Reforms Act, 1955 and that application was registered as Misc. Judicial Case No.32 of 1997. THE petitioners of that misc. case claimed pre-emption on the basis of that fact that they are adjoining land owners of the land sought to be pre-empted. THE opposite parties of the misc. case are contesting the said misc. case. Both the parties have adduced evidence in support of their stand. THEreafter, the matter was fixed for hearing argument. At that time, the petitioners of that misc. case came with an application for amendment of the misc. case stating, inter alia, that the plaintiffs have purchased adjoining lands by 4 deeds with specific schedules of the land and they are to incorporate such facts in support of their claim as adjoining land owners.

(3.) THIS being the position, I am of the view that the concurrent findings arrived at by the Court below should not be interfered with in exercising the revisional jurisdiction under Article 227 of the Constitution of India. Therefore, the application is dismissed.