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SUDIP AHLUWALIA
Madan Mohan Biswas – Appellant
Versus
Kartick Chandra Biswas – Respondent


JUDGMENT :

1. None for the opposite parties even on the third call in the second half.

2. Affidavit of service filed in Court today be kept with the record.

3. This revisional application is directed against the judgment passed by the Ld. Additional District Judge, 5th Court, Nadia in Misc. Appeal No. 27 of 2010 on 24.06.2013.

4. In dismissing the said Appeal through the impugned judgment, the Ld. Appellate Court had upheld the decision of the Ld. Civil Judge (Junior Division), 2nd Court, Ranaghat in Misc. Case No. 18 of 2005, which had been pronounced in relation to an application for pre-emption filed by the present petitioner under section 8 of the W.B.L.R. Act.

5. Both the Ld. Trial Court and the Ld. Appellate Court had in their respective decisions observed that the petitioner was not entitled to pre-emption of the disputed land allegedly purchased by the opposite parties from the petitioner's brother and co-sharer Shambhu Nath Biswas.

6. Both the Ld. Courts had held that the petitioner and his brother were the co-sharers in respect of the entire land measuring 6.6 decimals which they had acquired by way of inheritance after their father's death, as well as through registered Deeds








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