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2016 Supreme(Cal) 831

SIDDHARTHA CHATTOPADHYAY
Sanjay Halder – Appellant
Versus
Budhan Rajak – Respondent


Advocates Appeared:
For the Petitioners: Mr. Partha Pratim Roy, Ms. Sayantanee Chatterjee, Mr. Sandeep Bose and Mr. Sarbananda Sanyal.
For the Opposite Parties : Mr. Sabyasachi Bhattacharya and Ms. Shohini Chakraborty.

JUDGMENT :

Siddhartha Chattopadhyay, J.

1. This revisional application is directed against the Order dated 18.06.2015 passed by the learned Additional District Judge, 1st Court at Jangipur, in Miscellaneous Appeal No. 8 of 2014, affirming the Order dated 03.10.2013 passed by the learned Civil Judge (Junior Division) 1st Court, Jangipur in Miscellaneous Case No. 12 of 2008.

2. According to the petitioner, learned Trial Court below failed to appreciate that in respect of land which is bastu in nature pre-emption application under Section 8 of the West Bengal Land Reforms Act is maintainable and that the learned First Appellate Court failed to appreciate that the petitioners are being the adjacent land owners can maintain the application for pre-emption specifically when a portion of the land is transferred to a stranger in respect of the suit property.

3. Before dealing with the points agitated before this Court factual aspects of this case is to be re-looked. According to the parties, it is undisputed that the suit land was originally belonged to one Padmakamini Devi who had 30 decimal of land in plot of land bearing No. 870 and the said plot is under the jurisdiction of Jangipur Munici
























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