Arijit Banerjee, J.

(1) In this revisional application the petitioner challenges an order dated 28th April, 2006 passed by the Ld. Additional District Judge, Fast Track Court-I, Basirhat in Misc. Appeal No.2 of 2005 thereby affirming the order dated 15th February, 2005 passed by the 2nd Court of Civil Judge (Junior Division) at Basirhat, District 24 Parganas (N) in Misc. Case No. 52 of 1995.

(2) The opposite party filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 being Misc. Case No.52 of 1995 to preempt the sale of suit property in favour of the petitioner on the ground that the opposite party is a co-sharer of the suit property as also owner of the plot of land adjoining the suit property.

(3) By the order dated 15th February, 2005, the Ld. Trial Court allowed the pre-emption application holding that the opposite party is a co-sharer of the plot of land in question. The Ld. Trial Court rejected the petitioner’s contention that the application for pre-emption was barred by limitation. The Ld. Court held that since no notice of transfer was served on the opposite party as required by Section 5 (5) of the said Act, the period of limitation of three months mentioned in Section 8 of the Act does not apply and the period of limitation shall be treated as three years from the date of transfer. The sale deed was executed in favour of the petitioner on 15th July, 1992 and the same was registered on 13th November, 1992. Therefore, date of transfer must be taken to be 13th November, 1992. The pre-emption application was filed on 12th May, 1995 i.e. within three years from the date of transfer. Accordingly, the Ld. Judge allowed the opposite party’s application for pre-emption.

(4) The appellate Court agreed with the order of the Ld. Trial Court and dismissed the appeal. Being aggrieved, the petitioner is before this Court by way of the instant revisional application. Appearing in support of the application, Mr. Basu, Ld. Counsel has urged only the point of limitation. He very fairly stated that the petitioner’s case stands or falls on the issue of limitation.

(5) Certain facts are admitted. The sale-deed was executed in favour of the petitioner/pre-emptee on 15th July, 1992. Registration of the sale-deed took place on 13th November, 1992 which must be taken to be the date of transfer going by Section 61 of the Registration Act. No notice of transfer was served on the opposite party. The application for pre-emption was filed on 12th May, 1995.

(6) The short question that arises for determination is whether the period of limitation for filing a pre-emption application under Section 8 of the said Act by a co-sharer on whom no notice of transfer has been served is three years or some other period of time.

(7) Before referring to the case law on the subject, Section 5(4), Section 5(5) and Section 8(1) of the West Bengal Land Reforms Act, 1955 should be taken note of. The said provisions are set out hereunder:-

“S.5(4) If the transfer of a portion or share of such a plot of land be one to which the provisions of Section 8 apply, there shall be filed by the transferor or transferee notices giving particulars of the transfer in the prescribed form together with the process fees prescribed for the service thereof on all the co-sharers of the said plot of land who are not parties to the transfer and for affixing a copy thereof in the office of the registering officer of the Court house or the office of the Revenue Officer, as the case may be, as well as for affixing a copy on the plot of land.

S. 5.(5) The Court, the Revenue Officer or the registering officer, as the case may be, shall transmit the notice to the authority referred to in sub-clause (1) of Clause (b) of sub-Section (1) who shall serve the notices on the co-sharers referred to in sub-Section (4) by registered post and shall cause copies of the notice to be affixed on the plot of land and in the Court house or in the office of the Revenue Offic