Calcutta High Court (Appellete Side)
Smt. Malina Roy vs Sri Gopal Sengupta And Others on 20 June, 2018
1 S/L. 20.
June 20, 2018.
MNS.
C. O. No. 1211 of 2018 Smt. Malina Roy Vs. Sri Gopal Sengupta and others Mr. Rabi Shankar Chattopadhyay, Mr. Suman Shankar Chattopadhyay, Mr. Soumen Banerjee, Mr. Shounak Ghosh ...for the petitioner.
The preemptee in a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955, has preferred the instant challenge against a preemption order of reversal.
The trial court refused preemption on the ground of short deposit of consideration. However, the appellate court reversed such finding and granted preemption.
It is submitted by learned counsel for the petitioner that the entire share was transferred in favour of the petitioner and, as such, preemption does not lie.
In view of such question being sub judice before a Division Bench of this Court under reference, let C. O. No. 1211 of 2018 appear as a 'listed motion' in the monthly list of cases for the month of August, 2018.
There will be an order of stay of operation of judgment and order dated April 26, 2018 passed by the District Judge at Jalpaiguri, in Miscellaneous Appeal No. 30 of 2017, reversing Order No. 45 dated July 31, 2017 passed by the Civil Judge (Junior Division), Second Court at Jalpaiguri in Miscellaneous (Preemption) Case No. 17 of 2011, till August 31, 2018 or until furthers, whichever is earlier. 2
In the meantime, the petitioner is directed to serve copies of the revisional application, as also the gist of this order, on the opposite party nos. 1 and 2 and the petitioner is also directed to file an affidavit-of-service to that effect on the next date of hearing.
Service upon the proforma opposite party no. 3 is dispensed with for the time being.
(Sabyasachi Bhattacharyya, J.)