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2016 Supreme(Cal) 714

ASHOK KUMAR DASADHIKARI
Nasiruddin Sk. @ Nasiruddin Hafij – Appellant
Versus
Mahasin Ali Khan – Respondent


Advocates Appeared:
For the Petitioners: Usof Ali Dewan, Arup Sarkar
For the Opposite party : Arindam Chattopadhyay, Niranjan Kr. Sinha

JUDGMENT :

Ashok Kumar Dasadhikari, J.

Order impugned dated 27th July, 2012 passed by the District Judge, Jangipur, Murshidabad, in Misc. Appeal No.14 of 2009 allowing the appeal there by reversing the order of the learned Trial Court which has allowed the preemption application in favour of the both petitioners is under challenge in this revisional application.

2. Petitioners filed a Misc. Case No. 52 of 1990 against the opposite parties in the Court of Civil Judge, Junior Division, 2nd Court Jangipur under Section 8 of the West Bengal land Reforms Act praying for pre-emption. Petitioners purchased .18 acre of land of plot no. 136 of Mouza-Ratanpur on 10th May, 1979. The opposite parties purchased .0625 acre of land of plot no. 133 of Mouza-Ratanpur by a registered deed dated 6th January, 1986 which was registered on 3rd April, 1990. Petitioners are the adjoining land holders of plot no. 133. Petitioners are being two brothers claimed pre-emption on the ground of vicinity by depositing the consideration amount along with 10% of the amount as per the requirement under the relevant section.

3. Opposite parties contested the Misc. Case No. 52 of 1990 by filing a written objection contend
















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