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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Rampada Jana – Appellant
Versus
Maniklal Samanta – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This revisional application is directed against the judgement and order of reversal passed on 29th day of June, 2024 by the Learned Appellate Court in Misc. Appeal No.180 of 2023, setting aside the Judgement and order dated 19th 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 13th January, 1959 Krishna Chandra Gifted 1/3rd 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 afte
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.
(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 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.
The main legal point established in the judgment is the mandatory nature of the deposit requirement under Section 8 of the West Bengal Land Reforms Act, 1955 for pre-emption applications. Non-complia....
The completion of registration under Section 61 of the Registration Act is crucial in determining the date of transfer for pre-emption rights, and the point of limitation must be raised at the earlie....
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