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1984 Supreme(Cal) 40

S.N.SANYAL
KERATULLA SK. – Appellant
Versus
FAZLUR RAHAMAN SARDAR – Respondent


Advocates Appeared:
AMAR NATH SHAW, R.N.MITTAL, RANJIT MITTER, Sudhis Das Gupta

S. N. SANYAL, J.

( 1 ) IN this revisional application the petitioner has challenged the order of the learned District Judge, Malda made on June 13, 1981 dismissing the petitioner's appeal being Misc. Appeal No. 21 of 1980 and thereby affirming the order passed by the learned Munsif, Second Court, Malda in Miscellaneous Case No. 133 of 1976 allowing an application made by the opposite parties under Section 8 of the Land Reforms Act. Opposite parties Nos. 1 and 2 filed an application under Section 8 of the Land Reforms Act in the Court of the learned Munsif, 2nd Court, Malda. It was alleged that the opposite parties Nos. 1 and 2 along with opposite party No. 3 were co-sharers of a raiyati holding which previously belonged to Enayat Ali Sk. After the death of Enayat Ali Sk. in 1370 B. S. his heirs obtained the property and they were in possession. Opposite parties Nos. 1 and 2 (who are petitioners in the said Miscellaneous case) purchased the property from Hafizul Sk. son of Enayat Ali by a Kobala dated 6th Aswin, 1381 B. S. and they became co-sharers. Emajuddin, another son of Enayat Ali, sold the disputed property to the petitioner of the present Rule (he was opposite party No. 1 i








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