Tarun Chatterjee, MAHEMMAD HABEEB SHAMS ANSARI, Asit Kumar Bisi
Sk. Sarafat Ali – Appellant
Versus
Hossain Ali Molla – Respondent
Tarun Chatterjee, J.: These are ten Revision Cases referred to this Special Bench by the Hon'ble Chief Justice of this Court. The point which induced a Division Bench of this Court to refer to this Bench is whether a substantive right conferred upon a co-sharer in a portion or share of a holding of a raiyat to exercise the right of pre-emption had been taken away by deletion of the words 'and treated as a unit for assessment of revenue' from the definition of "holding" in section 2 of sub-section (6) of the West Bengal Land Reforms Act after the words 'means the land held by a raiyat'. On this question a Division Bench of this Court in the case of Damayanti Maity vs. Aswini Kumar Jana, 1990(2) CLJ 378, held that in view of deletion of the words 'and treated as a unit for assessment of revenue' an application by a co-sharer of such a holding was no longer maintainable in law. This question again cropped up before another Division Bench of this Court, which however, expressed its dissent and directed that the matters appearing before the said Division Bench on the aforesaid question, be placed before the Hon'ble Chief Justice for constituting a larger Bench to decide the ques
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