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SHAMPA SARKAR
Apurba Kumar Khan – Appellant
Versus
Rabindranath Khyara – Respondent
| Table of Content |
|---|
| 1. background of the parties and case (Para 1 , 2) |
| 2. arguments regarding co-sharership and pre-emption (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court's analysis of co-sharers and pre-emption rights (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. legal principles governing partition and co-sharership (Para 15 , 19 , 20 , 21 , 22 , 23) |
| 5. discussion on pre-emption rights and limitations. (Para 18) |
| 6. lower court's decisions on appeal (Para 24 , 26 , 27) |
| 7. scope of high court's jurisdiction and final decision (Para 28 , 29 , 30) |
| 8. conclusion of the court's ruling (Para 31 , 32 , 33) |
JUDGMENT :
Shampa Sarkar, J.
1. The revisional application arises out of an order dated July 18, 2022 passed in Misc. Appeal No.01 of 2020 by which the Judgment and Order dated December 21, 2019, passed by the Learned Civil Judge (Junior Division), 2nd Court, Khatra in J. Mis Case No.-01 of 2023, was affirmed. The order in the Misc. Appeal was passed by the learned Additional District Judge, Khatra.
2. The petitioners are the pre-emptees/stranger purchasers. The opposite party nos.1 to 4 are the heirs of the deceased preemptor (Ramkinkar). The opposite party no.5 Satyakinkar, sold the property to the petitioners.
3.
The courts affirmed that oral partition lacks recognition under the West Bengal Land Reforms Act, maintaining pre-emptors as co-sharers, thus preserving their right of pre-emption.
(1) Pre-emption – In a proceeding of pre-emption question of title in respect of title deeds rarely come up for adjudication as right of pre-emption is not a personal right and is attached with land.....
The right of pre-emption under the West Bengal Land Reforms Act requires proof of co-sharership, and a well-demarcated transfer does not create co-sharers among purchasers.
The main legal point established in the judgment is that the entitlement to pre-emption under the West Bengal Land Reforms Act 1955 is determined by evidence of co-ownership and contiguous landholdin....
(1) Right of pre-emption is a very weak right and could be defeated by all legitimate methods.(2) Pleadings – Omission of a single material fact would lead to incomplete cause of action and in that c....
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