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1998 Supreme(Cal) 353

DIBYENDU BHUSAN DUTTA
SHEFALI GHOSH – Appellant
Versus
SANTI RANJAN BHAKAT – Respondent


Advocates Appeared:
KAUSHIK ROY, SADANANDA GANGULY

D. B. DUTTA, J.

( 1 ) THE present revisional application under section 115 C. P. C is directed against the orders Nos. 40 dated 23. 9. 97, 49 dated 9. 3. 98, 50 dated 10. 3. 98; and 51 dated 21. 3. 98 passed in J. Misc. Case 32 of 1987 of the Court of Munsiff, Jhargram. The opposite parties filed that Misc. Case for pre-emption under sections 8 and 9 of the West Bengal Land Reforms Act in respect of a transfer that was made in favour of the petitioners, on the grounds of both co-sharership and vicinage, on depositing the consideration money together with the solatium. The petitioner sought to resist the said application for pre-emption on several grounds namely that the application was barred by limits of time, that the land concerned was not an agricultural land, that the opposite parties were not co-sharers of the holding conerned, that they were not possessing land adjoining the concerned holding that no portion or share of the holding was the subject matter of the transfer sought to be pre-empted and that the opposite parties did waive their right of pre-emption.

( 2 ) THE learned Munsiff found that the application was well within the prescribed time limit, that part of the h












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