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1971 Supreme(Cal) 106

A.K.DAS, R.N.DUTT
HAJI MAHABUB HOSSAIN – Appellant
Versus
BISWANATH NANDY – Respondent


Advocates Appeared:
Arun Kumar Janah, ARUNA MUKHERJEE, B.C.Mitter

R. N. DUTT, J.

( 1 ) THESE two Rules are taken up together as the same question is involved in both the cases. One Touhid Ahmed Khan, Mutwali of Khan Saheb Abdul Ajij Khan Wakf Estate, was the owner of Hot No. 815 of mouza Bagbari with an area of 18. 75 acres. On January 24, 1969, he sold 3. 25 acres out of the plot on its south to Biswanath Nandy. Then on August 21, 1970, the petitioners in both the cases took lease of 11. 32 acres out of the plot on the southern side and again on August 25, 1970, took lease of the other 4. 18 acres of the plot from the said Touhid Ahmed Khan. Subsequently, Biswanath Nandy, who is opposite party No. 1 in both these cases, filed two applications under Section 8 of the West Bengal Land Reforms Act, 1956, before a Revenue Officer for pre-emption of these transfers in favour of the petitioners -- pre-emption cases Nos. 92/70 and 97/70. Opposite party No. 1 further prayed for an order of ad interim injunction restraining the petitioners from manufacturing bricks, constructing kiln and/or erecting chimney on the lands of which pre-emption was sought and also from changing the character of the lands. The Revenue Officer on September 29, 1970, granted an




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