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2004 Supreme(Cal) 623

BHASKAR BHATTACHARYA
APARNA GHOSH – Appellant
Versus
SARUPCHAND ROYCHOWDHARY – Respondent


Advocates Appeared:
BISWAJIT BASU, DEBASIS ROY, HASANUZ ZAMAN, S.SEN, SUSENJIT BANIK

BHASKAR BHATTACHARYA, J.


( 1 ) THIS revisional application under Article 227 of the Constitution of India is at the instance of a pre-emptee in proceedings under Section 8 of the west Bengal Land Reforms Act (hereinafter referred to as the Act) and is directed against Order No. 146 dated 10th February, 2003 passed by the learned Civil Judge, Junior Division, 2nd Court, Katwa in Misc. Case No. 39 of 1993 thereby allowing an application for amendment of the application for pre-emption.

( 2 ) THE Opposite Party No. 1 filed the aforesaid application under Section 8 of the Act for pre-emption on the ground of adjoining ownership. Subsequently, the pre-emptor filed an application for amendment of the original application for pre-emption for incorporating the ground of co-sharership of the holding in accordance with the then law but on objection raised by the present petitioner, the learned Trial Judge rejected such application for amendment. It appears from the record that the pre-emptor did not challenge such order by moving any higherforum.

( 3 ) SUBSEQUENTLY, after amendment of the Act by incorporation of the word "plot" in place of the word "holding" in Section 8 of the Act, the Op


















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