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AJOY KUMAR MUKHERJEE
Sujoy Kumar Samanta – Appellant
Versus
Tarapada Roy – Respondent
JUDGMENT
ajoy Kumar Mukherjee, J. - Being aggrieved and dissatisfied with the order No. 59 dated 12.12.2018 passed by the Learned Civil Judge (Junior Division), 2nd Court arambagh , Hooghly in Pre-emption Misc. Case No. 8/2013 , present revisional application has been preferred under article 227 of the Constitution of India.
2. Pre-emptor's/opposite party's case in a nutshel is that 'Ka' schedule suit property to the plaint was purchased by the pre-emptor Tarapada Roy from Krishna Chandra Mondal and others, through a registered deed dated 5. 5.2004. The 'Ka-1' schedule to the plaint is adjacent the pre-emptor's 'Ka' schedule land. Pre-emptor claimed that he is also adjoining owner of 'Kha' schedule property to the plaint. Pre-emptor's vendor Krishna Chandra Mondal without giving any intimation to the pre-emptor, surreptitiously sold 'Ka-1' and 'Kha' schedule property in favour of petitioner herein/purchaser by a registered deed dated 29.11.2012. aforesaid petitioner/purchaser namely Sujoy Kumar Samanta was neither a co-sharer nor an adjacent owner and he is totally a stranger purchaser in respect of 'Ka-1' and 'Kha' schedule property. accordingly pre-emptor Tarapada Roy filed pre-emp
The main legal point established is that amendments should be allowed to place all relevant information before the court for final adjudication, unless serious injustice or irreparable loss is caused....
The right of preemption is a statutory right that does not encompass the adjudication of title disputes, which must be resolved in separate proceedings.
The main legal point established in the judgment is the entitlement of an adjoining land holder raiyat to pre-emption under the West Bengal Land Reforms Act 1955.
Timely application for amendments in pre-emption cases is critical; late requests may disrupt trial proceedings and are often deemed unnecessary when existing evidence suffices for proper adjudicatio....
Pre-emption rights under the West Bengal Land Reforms Act require joint ownership of contiguous land for a valid claim.
Amendment of plaint – Any amendment which changes nature of suit is required to be declined.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
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