An application for pre-emption filed before the completion of registration is not maintainable and the right of pre-emption is not available when the entire holding is transferred.

This revisional application has been preferred against the order dated 20.6.97 passed by learned Additional District Judge, 2nd Court at Burdwan in Misc. Appeal No. 19 of 1992 affirming the order No. 157 dated 1.2.92 passed by learned Munsif, 2nd Court, Burdwan in Misc. Case No. 36 of 1976 in connection with the application under Section 8 of West Bengal Land Reforms Act.

2. The points in this revisional application are whether an application for pre-emption filed after execution of the sale deed but before the registration thereon is maintainable or not and also whether the right of pre-emption can be exercised by co-sharers by vicinage when the transfer is in respect of the entire holding and not in respect of a portion thereof.

3. The petitioner is the owner of plot No. 1083 which is adjacent to plot No. 1082. The Opposite Party No.3 is the owner of plot No 1082. He sold the plot No. 1082 in favour of O. P. Nos. 1 and 2 who were stranger purchasers and as such the petitioners bas filed an application for pre-emption before the learned Court below. The learned Munsif dismissed the petition on a finding that by the deed of sale dated 9.7.76, the O. P. No.3 has sold the entire holding and the application for pre-emption is not maintainable when the entire holding is sold.

4. In appeal, the learned Appellate Court held that application for pre-emption having been filed prior to the completion of registration is a premature one. He has also affirmed the order of learned Munsif that application for pre-emption lies only when a portion of the $hare holding is transferred but not where the entire holding is sold. Challenging this decision, the present revisional application has been filed, in application r for pre-emption was filed on 3.11.76 and the deed was executed on 9.7.76. The registration was completed in 1979. It is well-settled that the right of pre-emption accrues only on the transfer of a portion or share of holding of a raiyat and such transfer must be valid transfer within the meaning of Section 5 of West Bengal Land Reforms Act, 1955 (for short the 'Act'). Thus, the right of pre-emption accrues only when the registration of sale deed is completed under Section 61 of the Indian Registration Act (1) Gosto Behari Das v. Rajobala, 60 CWN 57 : AIR 1957 Cal 449, and also (2) Krishna Chandra Paramanik v. Hari Sadhan Sahana, AIR 1981 Cal 435. it was held in Krishna Chandra's case (supra) that the application is not liable to be dismissed and the Court can take judicial notes of the subsequent events and can grant relief to the parties on the basis of such altered circumstances and the right of pre-emption is a week right but when such right of pre-emption under Section 8(1) has been created by a statute such right cannot be frustrated only because of technicalities. The application for pre-emption shall be deemed to have been presented on the date when the registration of sale deed was completed under Section 61 of the Registration Act and the pre-emption application should be allowed if other formalities were totally complied with. But, in (3) Radha Raman Mahapatra v. Gangadhar Bera, 93 CWN 711, it has been observed that Section 3 of the West Bengal Land Reforms Act provides that the provisions of the Act would override the provisions of all other Acts and the West Bengal Land Reforms Act is consequently a complete Code, that the Act also provides in Section 5 that the transfer of the holding of a raiyat must be made by registered instrument under the Indian Registration Act and consequently provisions of Sec. 8 should be read in the light of Sections 3 and 5 thereof. In view of the Sections 3 and 5 of the Act it is clear that the relevant date for the purpose of pre-emption under Section 8 should be the date of completion of registration and consequently until and unless registration is complete under the provisions of the Indian Registration Act, the cause of action to file an application for pre-emption does 'not ari