A pre-emptor can file an application under section 8 of the West Bengal Land Reforms Act, 1955 with a short deposit in case of a dispute regarding the consideration amount, but cannot claim a decision on merits without satisfying the court about the justiciability of making such a short deposit.

Soumen Sen, J.

1. This revisional application is arising out of an order dated 5th May, 2012 passed by the Civil Judge (Junior Division), 1st Court, Kandi in connection with an application filed under section 8 of the West Bengal Land Reforms Act, 1955 since registered as Misc. Case No. 28 of 2012. The petitioner filed the said application under section 8 of the West Bengal Land Reforms Act, 1955 praying, inter alia, for pre-emption in respect of the Ka schedule property measuring about 1/2 decimal of land in R.S. Plot No. 3811 which was sold to the opposite party under a deed of sale vide No. 1881/12.

2. It is contended on behalf of the petitioner that the opposite party in collusion with the vendor inflated the value of the said property to Rs. 4 lakhs whereas actually the said property was sold at a consideration of Rs. 1 lakh. Moreover, the value assessment deed would show that the value of such property would be Rs. 1,26,465/-.

3. Mr. Jiban Ratan Chatterjee, the learned Senior Counsel appearing with Mr. Partha Pratim Roy, the learned Counsel on behalf of the petitioner submits that the consideration money as mentioned in the deed of transfer is not required to be deposited when a dispute is raised with regard to the actual consideration money paid for the share in the property or for the property as the case may be and only upon an enquiry being made under section 9 of the West Bengal Land Reforms Act, 1955, the pre-emptor may be required to deposit any further sum that may be ascertained upon such enquiry being made by the Munsif.

4. Ms. Pooja Das Chowdhury, the learned Counsel appearing on behalf of the opposite party, however, submits that unless consideration money mentioned in the said deed together with a further sum of 10 per cent of that amount is deposited along with an application filed under section 8 of the West Bengal Land Reforms Act, 1955, the said application cannot be taken on record and in any event cannot be decided on merits.

5. The learned Counsel appearing for the petitioner submits that in the event the pre-emptor is required to deposit the consideration amount mentioned in the impugned deed of conveyance and ultimately it was found that such amount was not actually paid or may not be the actual consideration money, in absence of any provision for refund, the petitioner would not be in a position to recover such amount. Moreover, the right of pre-emption is a statutory right and keeping in view the purpose and object of the said legislation, the pre-emptor should be permitted to deposit the consideration money based on his own estimation of the share in the property as the case may be and in the event ultimately it is found that there is any short deposit, a pre-emptor may deposit the balance consideration after an enquiry is made under section 9 of the West Bengal Land Reforms Act, 1955. It is submitted that very often, the transferor with a view to transfer the right of purchase by co-sharer or contiguous tenant abnormally inflate the value of such share in the property so that the co-sharer or the contiguous tenant, as the case may be, is unable to exercise such right of pre-emption under section 8 of the West Bengal Land Reforms Act, 1955. In the event, the said section is interpreted to mean that the pre-emptor would be required to deposit the consideration amount as mentioned in the said transfer deed together with a further sum of 10 per cent of that amount, such right of preemption would be rendered illusory. In any event, in absence of any provision for refund of any excess amount that may be found after an enquiry is made compelling the pre-emptor to deposit such amount would cause undue hardship and would militate against the very purpose of the said legislation.

6. The learned Counsel for both the parties have referred to sections 8 and 9 of the West Bengal Land Reforms Act, 1955 relevant portions whereof are reproduced hereinbelow:--

8. Right of purchase by co-sharer or contiguous tena