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HARISH TANDON
Pradipta Padha – Appellant
Versus
Laxmi Kanta Maity – Respondent


Advocates Appeared:
For the Applicants :Mr. Abdul Mokim, Mr. Altaf Hossain and Mr. S.K. Humayan Reja, Advocates.
For the Opposite Party :Mr. Haradhan Banerjee, Mr. Amitava Pain, Mr. Subrangshu Dutta and Mr. Partha Pratim Mukherjee, Advocates.

JUDGMENT :

Harish Tandon, J.

1. The question, therefore, in this revisional application is whether the pre-emptor is mandatorily required to deposit the consideration money together with a further sum of 10% of that amount at the time of making an application under Section 8 of the West Bengal Land Reforms Act, 1955. Before proceeding to deal with the above question, it would be profitable to quote the relevant provisions from the said Act which are reproduced as below:

"Sec 8. Right of purchase by co-sharer or contiguous tenant - (1) If a portion or share of a plot of land of a raiyat is transferred to any person other than a co-sharer of a raiyat in the plot of land, the bargadar in the plot of land may, within three months of the date of such transfer, or any co-sharer of a raiyat in the plot of land may, within three months of the service of the notice given under sub-section (5) of section 5, or any raiyat possessing land adjoining such plot of land may, within four months of the date of such transfer, apply to the Munsiff having territorial jurisdiction, for transfer of the said portion or share of the plot of land to him, subject to the limit mentioned in section 14M, on deposi
















































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