The main legal point established in the judgment is the interpretation of the word 'or' in Section 8(1) of the West Bengal Land Reforms Act, 1955, as disjunctive, allowing pre-emption even when the entire share or portion of a plot of land is transferred by a raiyat to a person other than the co-sharer raiyat.

JUDGMENT :

1. These references primarily involve the question as to whether the right of pre-emption specified in Section 8 of the West Bengal Land Reforms Act, 1955 could be exercised in a case where the entire interest in the subject land is being transferred by a raiyat, if the other conditions stipulated in the aforesaid section are fulfilled. In a decision delivered by a learned Single Judge of this Court in the case of Kinkar Mahato Vs. Sahan Mahato [2005(3) ICC 5], it was held that in such a situation, the right of pre-emption contemplated in the said provision could not be invoked. In a later decision, Biswanath Sarkar & Anr. Vs. Sunit Kumar Saha [(2013) 3 WBLR 271(Cal)], another learned Single Judge of this Court held that if a co-sharer is holding an undivided undemarcated share in a plot of land and such co-sharer sells the said share to any person other than the co-sharer, the other co-sharer would have the right of pre-emption. The same view (as in the case of Biswanath Sarkar) was also expressed in another judgment of this Court in the case of Sk. Sajhan Ali Vs. Sk. Saber Ali [(2015) 3 CHN 689 (Cal)]. In Sk. Sajhan Ali, it was specifically held that if a raiyat transfers his entire portion or share in a plot of land to a person other than the co-sharer of raiyat, pre-emption is permissible.

2. In C.O. 1164 of 2015, the revisional jurisdiction of this Court was invoked in respect of an application in which the pre-emption claim of the applicant was rejected by the learned Courts below on the ground that the entire share in the subject property stood transferred. The case of Kinkar Mahato (supra) was relied upon by the lower appellate Court, assailing whose order the revisional application was filed. A learned Single Judge referred the matter to the Hon’ble Chief Justice noting that there was conflicting views of this Court on the subject issue expressed in Kinkar Mahato (supra) on one hand and Biswanath Sarkar (supra) and Sk. Sajhan Ali (supra) on the other. The learned Single Judge opined that the conflict ought to be resolved on constituting appropriate Bench.

3. Referring to Section 8 of the 1955 Act, the learned Single Judge formulated the point of conflict in the following manner :-

“Thus, there are conflicting views on the interpretation of the word ‘or’ in Section 8(1) of the West Bengal Land Reforms Act, 1955. While Kinkar Mahato (supra) interpreted the word ‘or’ as ‘of’, the subsequent decisions in Biswanath Sarkar (supra) and Sk. Sajhan Ali (supra) held the word ‘or’ to be disjunctive. As to whether the word ‘or’ should be read as ‘of’ as held in Kinkar Mahato (supra) or it should be treated as disjunctive, needs to be resolved.”

3. On the same issue, the revisional applications registered as C.O. 485 of 1995, C.O. 1937 of 2011, C.O. 4379 of 2016, C.O. 67 of 2013, C.O. 1993 of 2013, C.O. 2695 of 2013, C.O. 283 of 2015, C.O. 4380 of 2015, C.O. 2718 of 2015 and C.O. 4040 of 2015, C.O. 2407 of 2016, C.O. 4299 of 2016 have been referred to us, as in all these revisional applications the same point is involved.

But the conflict points have not been specifically formulated in all the applications referred to us. Thus, we shall address the point formulated in C.O. 1164 of 2015 while answering these references.

4. Section 8 of the 1955 Act stipulates:-

“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 Munsif having territorial jurisdiction, for transfer of the said portion or share of the plot of land to him, subject to th