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1983 Supreme(Cal) 117

CHITTATOSH MOOKERJEE, AMITABHA DUTTA
Tarapada Shome – Appellant
Versus
Parbati Charan Sarkar – Respondent


Advocates Appeared:
Tapendra Nath Basu and Arup Kumar Nag, for Petitioner in C. R. No. 3346/80
Amalesh Kumar Banerjee, for Petitioner in C. R. No. 3937/80
Sakti Nath Mukherjee and Pradipta Ray, for Petitioner in C. R. No. 2654180
Madan Mohan Mallick, for Opposite Party in C. R. No. 3346/80
Tapendra Nath Basu and Arup Kumar Nag, for Opposite Party in C. R. No. 3937/80
R. K. Banerjee and D. P. Mukherjee, for Opposite Party in C. R. No 2654/80

JUDGMENT

Mookerjee, J.: When a petition or share of a holding of a raiyat is transferred to a stranger, any co-sharer raiyat of the said holding, or a raiyat possessing an adjacent holding may, within the prescribed time, under section 8(1) of the West Bengal Land Reforms Act, 1955 apply to the Munsif having territorial jurisdiction for transfer of the said portion or share of the holding to him on deposit of the consideration money together with further sum of ten per cent. of the total amount.

2. Any person aggrieved by an order of the Munsif under section 9 of the West Bengal land Reforms Act may appeal to the District Judge having jurisdiction over the• area within which the land is situated.

3. The principal point in these three Revisional Applications is : while entertaining an application under section 8 of the West Bengal Land Reforms Act, 1955 or an Appeal under Section 9(6) of the said Act, have the Munsif and the District Judge respectively jurisdiction to allow amendment of the application under section 8(1) of the Act by way of insertion of a prayer for pre-emption under section 24 of the West Bengal Non-Agricultural Tenancy Act, 1949? In other words, the point for decisi


































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