Ram Kumar Kajaria v. Chandra Engineering (India) Ltd. (M/s.)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1972 Supreme(Online)(Cal) 3

CALCUTTA HIGH COURT
C. S. K. Gupta, J
Ram Kumar Kajaria v. Chandra Engineering (India) Ltd. (M/s.)

Table of Content
1. pre-emption applications under the west bengal land reforms act. (Para 1 , 2)
2. challenges based on co-sharer status and application timelines. (Para 3 , 5)
3. defining 'raiyat' within the act and limitations. (Para 10 , 11)
4. eligibility for pre-emption without active cultivation. (Para 13 , 14)
5. final decision restores application approvals. (Para 15)

1. These two Rules arise out of two pre - emption proceedings under S.8(1) of the West Bengal Land Reforms Act, 1955 .

2. It appears that some of the co - sharers of the disputed holding sold portions of the same to the opposite party M/s. Chandra Engineering (India) Ltd. by two registered sale deeds dated April 2, 1966 and April 4, 1966. It is not disputed that the opposite party is a stranger in respect of the disputed holding. The petitioner alleged that he was a co - sharer raiyat of the holding and that the transfers were made without service of any notice upon the petitioner under S.5(5) of the West Bengal Land Reforms Act. After the petitioner came to know of the said two transfers, the petitioner made the said two applications before the Senior Land Reforms Officer on August 17, 1966, praying for pre - empt