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.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This revisional application is directed against the judgement and order of reversal passed on 29^th day of June, 2024 by the Learned Appellate Court in Misc. Appeal No.180 of 2023, setting aside the Judgement and order dated 19^th October 2023 passed by the Learned Civil Judge (Jr.Div.) Ghatal, PashimMedinipur whereby the pre-emption suit was dismissed.

Genesis of the case

2. The suit property originally belonged to one Ganesh Chandra Maity who died before Promulgation of Hindu Succession Act 1956, leaving and surviving his only son Krishna Chandra Maity and four daughters namely Kumari Rushibala, Kusum and Basanbala .Being the sole male heir, said Krishna Chandra inherited the entire property as the Hindu Succession Act was not promulgated at that point of time. The pre-emptor /Opposite Parties are the widow and son of Ramsaran who was the only son of Rushibala, the sister of Krishna Chandra.

3. On 13^th January, 1959 Krishna Chandra Gifted 1/3^rd Share of his landed properties in favour of Sital Duary who was the son of Basanabala the other sister and 2/3rd share in favour of Ramsaran by way of two Registered Deeds of Arpannama. Ramsaran died after promulgation of the Hindu Succession Act 1956, leaving behind his widow Kamala Samanta and Maniklal and the entire property devolved upon them as the legal heirs of Sital Duari Sital Duari transferred his entire share of the suit property on 14^th June ,2001 by way of Registered deed of Sale in favour of Rampada the petitioner herein at a consideration of Rs. 4,24.500/- but on account of deficit Stamp duty the registration was completed only on 4th September ,2003. Maniklal Samanta claimed as the pre-emptor, deposited the value of suit property in the schedule of pre-emption application a sum of Rs. 4, 66,950/- before the Learned Court and filed the application under section 8/9 of the W.B.L.R Act of 1955.

4. An application was filed by the pre-emptor /Opposite Party Maniklal Samanta and his mother, Kamala Samanta exerting their right of pre-emption being Misc. Case no. 20 of 2003. The present petitioner /purchaser being the pre- emptor contested the proceeding filed under Section 8 and 9 of the WEST BENGAL LAND REFORMS ACT ,1955 by filing written objection and denied the claim of the pre-emptor with specific objection against the claim of partial pre- emption and also that they are co-sharer with the preemptor. Judgement and order dated 19th October 2023 passed by the Learned Civil Judge (Jr.Div.) Ghatal, Pashim Medinipur whereby the pre-emption suit was dismissed. The Learned Appellate court reversed such order.

5. This revisional application has been filed challenging the judgement and order passed by the Learned Appellate Court reversing the judgement of the Trial Court in the second round of litigation on 29^th June, 2024.

Submission made by the petitioner

6. The first point of preferring this appeal assailed by the Learned Advocate Mrs.Usha Maity relates to maintainability of the pre-emption application itself on the ground that said Ram Saran Samanta was not the co-sharer with Sital Chandra Duari and accordingly his legal heirs also cannot be the co-sharer. It is contended by the Learned Advocate that the property was sold to Rampada Jana by Registered sale deed executed and Registered on 14th June ,2001 and 4th September 2003 respectively is