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2004 Supreme(SC) 282

SHIVARAJ V.PATIL, D.M.DHARMADHIKARI
Gopal Sardar – Appellant
Versus
Karuna Sardar – Respondent


JUDGMENT

Shivaraj V. Patil, J.-

Civil Appeal No. 4688 of 1998

The respondent made an application under Section 8 of the West Bengal Land Reforms Act, 1955 (for brevity the Act ) in the Munsif Court claiming right of pre-emption on the basis of vicinage being the owner of adjoining plots of land purchased on 20.7.1966 and 1.6.1981. According to her, the appellant tried to take forcible possession of the plot No. 1368 adjoining to the east of his land. It is her case that she came to know on 18.9.1985 that the appellant had purchased the said plot No. 1368 on 17.8.1979, which is adjoining the respondent s plot No. 1366. The appellant contested the case denying the material incidents and inter alia contending that the application made under Section 8 of the Act was barred by limitation. The Munsif Court condoned the delay on the ground that the respondent had no knowledge of the sale till the date of application and that there was sufficient cause for not making the application within time but dismissed the application on merits finding that on the date of transfer, the respondent was not possessing the longest common boundary. The appeal filed by the respondent against the said order o
















































































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