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1970 Supreme(Cal) 60

M.M.DUTT
BHUBAN CHANDRA SAMANTA – Appellant
Versus
JAMINI BHUSAN KAR – Respondent


Advocates Appeared:
BASANTA KUMAR PANDA, BIMAL KUMAR DATTA, HIMANGSHU KUMAR BOSE, KASHI NATH MITRA, SWADESH BHUSAN BHUNIA

M. M. DUTT, J.

( 1 ) THESE six Rules are directed against the Order of learned Munsif, 3rd Court, Midnapur dismissing the applications of the petitioner for pre-emption under section 3 (1) of the West Bengal Land Reforms Act, 1956 hereinafter referred to as 'the Act'.

( 2 ) THE opposite party No. 2, Smt. Jaminibala Dassi was the sole owner of the occupancy raiyati holding recorded in the record of rights as interest No. 58. On April 6, 1964, the opposite party No. 2 executed six kobalas in favour of six different persons, thereby transferring the holding in specific portions in their favour. The kobalas were registered on the same day. The petitioner claiming to be a raiyat possessing land adjoining the holding in question filed applications for pre-emption against the six transferees, under section 8 (1) of the Act. The Revenue Officer, who hoard the said applications by his order passed under section 9 of the Act, allowed the claim of the petitioner for pre-emption. On appeals preferred by the transferees against the said order of the Revenue Officer, the learned Munsif dismissed the applications of the petitioner on the ground that as there was no co-sharer of the holding which


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