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2005 Supreme(Cal) 314

JYOTIRMAY BHATTACHARYA
Ramgati Khan – Appellant
Versus
Gobinda Chandra Khan – Respondent


Advocates Appeared:
For the Appearing Parties:Prasanta Kumar Banerjee, Debdutta Basen, Soumyajyoti Sen, Sovan Chakraborty, Kazi Mohammad Ali, Dipankar Pal, Advocates.

Judgment :-

(1.) Since common questions of law are involved in both these revisional applications, this Court proposes to dispose of both the aforesaid revisional applications by a common order.

(2.) These applications under Article 227 of the Constitution of India are directed against two appellate orders passed in connection with two appeals arising out of two preemption proceedings both initiated by the common pre-emptor against the common preemptee under section 8 of the West Bengal Land Reforms Act.

(3.) The pre-emptee is the petitioner in both the applications.

(4.) The pre-emptor filed two applications for exercising his right of pre- emption in respect of two separate transactions by which the original raiyat of the land transferred two different plots of land being plot Nos. 2453 and 2454 to the pre-emptee, a stranger purchaser, on the ground of vicinage.

(5.) The learned Trial Judge rejected both the applications for pre-emption by holding, inter alia, that the pre-emptor does not hold any land contiguous to the plot of land transferred to the pre-emptee.

(6.) The said orders passed by the learned Munsif, 2nd Court at Arambagh in the preemption proceedings being Misc. C































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