NARENDRA NATH ROY Vs. PHANI ROY

JUDGEMENT

(1.) This application is at the instance of a pre-emtee and is directed against the order dated May 30, 2007 passed by the learned Additional District Judge, First Track Court, Alipurduar in Misc. Appeal No. 10 of 2006 thereby reversing the order dated November 27, 2006 passed by the learned Civil Judge (Junior Division), Alipurduar in Misc. Case No. 1 of 2004.

(2.) The opposite party No. 1 herein instituted an application under Section 8 of the West Bengal Land Reforms Act, 1955 in the Court of the learned Civil Judge (Junior Division), Alipurduar and the said application was registered as Misc. Case No. 1 of 2004. The opposite No. 1 stated, inter alia, that he has adjacent for land. The Petitioner is a stranger purchaser in respect of the land under pre-emption. No notice was issued upon him. He is also a co-sharer in respect of the land transferred to the stranger purchaser i.e. the Petitioner. For that reason, he has claimed pre-emption of the land in case. The Petitioner resisted the claim of the opposite party No. 1 by filing a written objection denying all the material allegations raised in the application. Both the parties adduced evidence. Thereafter, the learned Trial Judge dismissed the said application.

(3.) A misc. appeal bearing the Misc. Appeal No. 10 of 2006 was filed by the opposite party No. 1 and upon consideration of the submission of the learned Advocates of both the sides, the learned Additional District Judge, First Track Court, Alipurduar set aside the order of the learned Civil Judge (Junior Division). He shall allowed the misc. appeal. She also directed that the opposite party No. 1 did pre-empt the land money in Schedule 'B' of the application for pre-emption. The right, title and interest of Narendra Nath Ray in the land in case do vest in the opposite party No. 1. The Petitioner had been directed to deliver possession of the land in case in favour of the opposite party No. 1 within 60 days from the date of delivery of judgment i.e. from May 30, 2007.