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1985 Supreme(Cal) 312

M.M.DUTT, J.N.CHAUDHURI
Debendra Nath Karak – Appellant
Versus
Rakhal Paul – Respondent


Advocates Appeared:
Saktinath Mukherjee, D. P. Mukherjee, K. Bhattacharjee for the petitioner;
R. N. Mitra, Mrs. Uma Sanyal for the opposite parties.

JUDGMENT

M. M. Dutt, J. These revisional applications under S. 115 of the Code of Civil Procedure, filed at the instance of one Debendra Nath Karak, is directed against the order dated April 23, 1984 of the 6th Court of the Additional District Judge, Midnapore, passed in Misc. Appeals Nos. 146, 147 and 148 of 1983, affirming the order no. 15 dated August 1, 1983 of the learned Munsif, 3rd Court, Tamluk, passed in J. Misc. Cases Nos. 52, 53 and 54 of 1983, dismissing the application of the petitioner for pre-emption under S. 8 of the West Bengal Land Reforms Act, 1955, hereinafter referred to as the Act.

2. The disputed plot being R. S. Plot No. 1918, of Khatian No. 232/1, of Mouza Pikepari, within P. S. Pashkura, in the district of Midnapore belonged to one Prolhad and his three brothers, Santosh, Rajendra and Nemai. On July 5, 1956, by a deed of sale Prolhad and his three brothers transferred the said plot to one Becharam Pal. Thus Becharam acquired an exclusive title to the said plot. By a deed of gift dated May 5, 1978 Becharam gifted the said plot to his three sons, namely, Satya, Sourendra and Prodyut in equal 1/3rd shares. Thereafter, the said sons of Becharam transferred by wa












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