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2025 Supreme(Online)(Cal) 2633

CALCUTTA HIGH COURT
Shampa Dutt (Paul), J
Rafik Uddin Molla – Appellant
Versus
Mehrunnessa Khatun & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sadip De, Mr. Abhijit Sarkar
For the Respondents: Mr. Saunak Bhattacharya, Mr. Saunak Mondal, Mr. Abhirup Halder, Mr. Anirban Saha Ray

Table of Content
1. civil revision filed against a preemption decision. (Para 2)
2. petitioner's claim for preemption based on deposit disputes. (Para 3 , 4 , 5)
3. supreme court's directives on deposits for valid preemption rights. (Para 8 , 9 , 10)
4. court emphasizes adherence to statutory deposit requirements for preemption. (Para 11 , 12 , 13)
5. civil revision dismissed supporting lower court's decision. (Para 14)

Hearing concluded on : 13.08.2025 Judgment on : 03.09.2025 Shampa Dutt (Paul), J.:

1. The civil revision has been preferred against order No. 123 dated 6th September, 2024 passed by the learned Civil Judge, Junior Division at Kakdwip in Misc. Pre-emption Case No. 27 of 2008.

2. Vide the order under challenge, the trial Court held as follows:-

“……..From the reading of the instant paragraph of the order of the Hon’ble Supreme Court of India it is abundantly clear to the Court that the petitioner had to deposit the entire sale consideration along with 10% interest upon the same within the time as stipulated under Section 8 (1) of West Bengal Land Reforms Act , 1955. Here in the said order Supreme Court has not made it mandatory that the entire amount shall be deposited at the

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