Decided on September 15,2023

Asit Krishna Saha Appellant
Kuddus Ali Middya Respondents


AJOY KUMAR MUKHERJEE,J. - (1.)Order dtd. 25/1/2019 passed by the Learned Additional District Judge, Paschim Medinipur, in connection with Misc. Appeal No. 82 of 2014, arising out of pre-emption case No. 37 of 2004 has been assailed by filing present application under Article 227 of the Constitution of India. Petitioners case in brief is that petitioner filed aforesaid application under sec. 8 and 9 of the West Bengal Land Reforms Act, 1955 (in short Act of 1955) seeking pre-emption in respect of the property described in 'Ka' schedule to the pre-emption application.
(2.)The petitioners and the opposite party no. 3 are co-sharer of the suit plot and they have jointly inherited the said property. Petitioner's case is opposite party no. 3 sold a portion of land in Dag No 1965 and plot no. 1964 to the opposite party no. 1 and 2 who are stranger purchasers without serving notice upon petitioners. After coming to know of such sale, executed by opposite party no.3 in favour of stranger purchasers namely opposite party no. 1 and 2, the petitioners filed aforesaid application under sec. 8 of the Land Reforms Act and said application for pre-emption was allowed on 18/4/2009 in favour of pre-emptor/petitioner. Being aggrieved by the said order the opposite party preferred an appeal before the learned Additional District Judge and Appellate Court by setting aside the said order dtd. 18/4/2009 was pleased to remand the pre-emption application before the learned civil Judge (Junior Division), Ghatal Paschim Medinipur for fresh consideration of the pre-emption application. Thereafter the said application was taken up for hearing by the learned civil Judge (Junior Division) Ghatal Paschim Medinipur and by an order dtd. 13/8/2014, the civil Judge was pleased to allow the said pre-emption application filed by the petitioners.
(3.)Being aggrieved and dissatisfied with the order dtd. 13/8/2014 the pre-emptee/opposite party no. 1 & 2 preferred Misc Appeal being 82 of 2014 and after contested hearing the Appellate court by the order impugned allowed the Appeal and was pleased to set aside the aforesaid order passed on 13/8/2014.

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