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1976 Supreme(Cal) 314

CHITTATOSH MOOKERJEE
Malay Kumar Bera – Appellant
Versus
Rabindra Nath Bera – Respondent


Advocates:
Advocate Appeared
Ranjit Kumar Banerjee, Bhupendra Chandra Panda and Mrinal Kanti Roy for the petitioner
Saktinath Mukherjee and Puspendu Bikash Sahu for the opposite party

JUDGMENT

1. On October 10, 1966, Surendralal Sinha Choudhury. and Jyotirindralal Sinha Choudhury executed a sale deed in favour of the petitioner, minor Malay Kumar Bera represented by his guardian Smt. Renuka Bera conveying 1 acre 7 decimals of land comprised in plots Nos. 3879, 3881, 3892 and 1889 appertaining to Khatian No. 622, Moma Lakshmi, P.S. Khejuria, District Midnapore. The said Kobala was presented for registration on November 17, 1966. The endorsements and certificates referred to and mentioned in Sections 59 arid 60 of the Registration Act, and thereafter copies in the margin of the relevant register book in terms of Section 61 of the Registration Act were completed on December 19, 1966.

2. On April 3, 1967, Rabindranath Bera, who is the Opposite Party in the present Rule filed in the Office of the Revenue Officer, Contai, an application under Section 8 of the West Bengal Land Reforms Act, 1955 alleging that he was a co-sharer tenant of the raiyati holding comprised in Khatian No. 622, Mouza Lakshmi, P.S. Khejuri. He also claimed to be a contiguous tenant. He alleged that minor Malay Kumar Bera was not a co-sharer and, therefore he was entitled to pre-empt the aforesaid



















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