Niyati Mahata vs Santosh Das - 2024 Supreme(Cal) 389

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2024 Supreme(Cal) 389

AJOY KUMAR MUKHERJEE
Niyati Mahata – Appellant
Versus
Santosh Das – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. D.K. Adhikari, Mr. Tarapada Das, Mr. Debdip Adhikari
For the Opposite Party : Mr. Tapan Kumar Sinha, Mr. Arunava Pati, Mr. S.C. Dhara

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Opposite party no.1 herein namely Santosh Das filed an application under section 8 and 9 of the of the West Bengal Land Reforms Act 1955, seeking pre-emption of the land mentioned in “gha” Schedule to the plaint out of “kha” schedule. Pre-emptor’s case as made out in the application is that opposite party no. 2 herein Jagabandhu Malik became owner of 069 decimal demarcated land with specific boundary on the eastern side of the “ka” schedule by a compromise degree, passed in terms of solemenama, in the year 1957 in T.S. no. 122 of 1948. His further case is Jagabandhu (Opposite party no.2) since allotment, used to possess the said .069 decimal “kha” schedule land separately and exclusively. Thereafter he transferred .033 decimal of land mentioned in “ga” schedule to the application, to the pre-emptor/opposite party no.1 herein with a clear and distinct boundary by a registered sale deed on 24th July,1998. Since purchase pre-emptor/opposite party no.1 herein became adjoining land holder raiyat of case land and was/ is in possession of the said land by way of cultivation. Jagabandhu/opposite party no. 2, thereafter transferred 22 ½ decimal “gha” sch