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2009 Supreme(Cal) 810

JYOTIRMAY BHATTACHARYA
Rajat Neogi – Appellant
Versus
Pradip Kr. Sen – Respondent


Advocates Appeared:
For the Appearing Parties:D.N. Batabyal, Advocate.

Judgment :-

(1.) The certified copy of the impugned order which is filed in Court today by the learned Advocate for the petitioner be kept with the record.

(2.) The propriety of an order passed by the learned Additional District Judge, 3rd Court, Hooghly in Civil Revision No. 119 of 2007 is under challenge in this revisional application at the instance of the pre-emptee/petitioner.

(3.) Let me now consider as to how far the learned revisional Court was justified in passing the impugned order in the facts of the instant case.

(4.) An application for pre-emption under Section 8 read with Section 9 of the West Bengal Land Reforms Act was filed by the pre-emptor/opposite party for exercising his right of pre-emption over the sale of the suit property by the raiyat in favour of the preemptee on the ground of co-ownership. The pre-emptee/petitioner appeared in the said proceeding and is contesting the same by filing objection against the said application for pre-emption. The application for pre-emption has matured for hearing and in fact is in the peremptory board for hearing. At this stage, the pre-emptee filed an application challenging the maintainability of the said pre-emption proc





























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