AJIT MONDAL Vs. TAPAN KUMAR GHANA

JUDGEMENT

(1.) A seemingly settled position at law appears to have been disturbed by a recent judgment of this court that has resulted in the order impugned being passed. The issue involved is as to the time available to a non-notified co-sharer to apply for pre-emption under Section 8 of the West Bengal Land Reforms Act, 1955.

(2.) The parties do not dispute the facts as recorded in the appellate order of June 13, 2012 that has been assailed herein. The opposite party Nos. 1 to 4 herein filed a petition under Sections 8 and 9 of the said Act of 1955 seeking to purchase the 'Ka' schedule property which they claimed to be a part of the 'Kha' schedule property. According to the petitioners in the pre-emption proceedings, one Sital Prasad Mondal was the owner of half share of the 'Kha' schedule property and the other half of such property was owned by Madan Mondal and Bankim Mondal. Upon the death of Bankim, Madan inherited Bankim's share.

(3.) Thus, Sital and Madan became the joint owners of the 'Kha' schedule property in equal share. Sital and Madan transferred such property in favour of Netai Sau and Samar Chandra Sau by a registered deed of March 13, 1969. Netai transferred 4/5 decimal of land in plot No. 1426 in favour of the fourth petitioner in the pre-emption proceedings by a registered deed of sale dated December 27, 1991. Following the death of Netai thereafter, by a registered deed of sale of March 31, 1995, the heirs of Netai transferred a part of the land covered by plot No. 1426 and another part of the land covered by plot No. 1427 in favour of the first three petitioners in the pre-emption proceedings. The petitioners in the preemption proceedings, thus, became co-sharers of plot Nos. 1426 and 1427 along with Samar Chandra Sau. Samar transferred a part of his holding in plot No. 1426 and another part of his holding in plot No. 1427 in favour of the petitioners in this court by a registered deed of sale of August 30, 1999. It is such transfer that was sought to be pre-empted.