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1978 Supreme(Cal) 348

SUDHAMAY BASU
Kalipada Ghosh – Appellant
Versus
Dulal Chandra Ghosh – Respondent


Advocates appeared:
Ashok Banerjee, J.M. De, Ranjit Kumar Banerjee, S.C. Das Gupta.

JUDGMENT

1. THIS rule was obtained against an order dated the 18th of August, 1976 passed by the learned Additional Sessions Judge, burdwan in Misc. Appeal no. 55, 56, 57 and 58 of 75 (heard analogously) reversing an order dated the 26th of april, 1975 passed by the learned Munsif, Kalna in pre-emption case no. 57, 58, 59 and 61 of 72.

2. THE four miscellaneous cases (nos. 57, 58, 59 and 61 of 72) before the learned Munsif of Kalna with regard to pre-emption were originally filed before the S. L. R. O. The property in dispute forms part of plot nos. 317, 318 and 330 of mouja Jharbati appertaining to khatian no. 346. There were tour sale deeds executed on the same day by the same person but to different person. The opposite party no. 1 claimed right of pre-emption as he had lands adjoining plot no. 318 which is a tank comprising an area of 2. 09 decimal, plot no. 317 which is a bank of the said tank and includes another area of 63 decimal and plot no. 313 which is also a bank of a tank with an area of. 80 decimal, when the owner of the aforesaid plots sold his interest to four different persons which were registered in four different sale deeds on the same day. Thus the opposite par











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