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2015 Supreme(Cal) 569

HARISH TANDON
Narendra Kumar Singh – Appellant
Versus
Gursharan Kaur – Respondent


Advocates Appeared:
For the Petitioners: Bhaskar Ghosh and Arjun Kumar Samanta.
For the Opposite Parties : Jiban Ratan Chatterjee and Sanjoy Mukherjee.

JUDGMENT :

Harish Tandon, J.

1. This revisional application is directed against a judgment and order dated 22nd December, 2014 passed by the learned Judge, Special Court-cum-Additional District Judge, Durgapur in Misc. Case No. 2 of 2013 affirming the order of dismissal dated 12th December 2012 passed by the learned Civil Judge (Jr. Division), Second Court, Durgapur in Misc. Case (pre-emption) No. 8 of 2006.

2. Both the Courts below dismissed an application under Section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the Act) holding that the petitioner is not a co-sharer of a raiyat in a plot of land nor is a contiguous plot holder and, therefore, cannot maintain an application under the aforesaid provision.

3. Before adjudicating the points involved in this case, the undisputed facts are adumbrated herein below:

4. Admittedly, one Mera Debi owned and possessed twenty eight cents of a land comprised in plot No. 1086, R.S. Khatian No. 521, C.S. Khatian No. 212, JL No. 87 in Mouja Debipur, P.S. Kanksa, District - Burdwan, described as a A schedule property in an application for preemption. Out of the A schedule property, the said Mira Debi sold six cents of lands












































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