Calcutta High Court (Appellete Side)
Md. Selamuddin Mia (Minor) & Anr vs Sri Dinesh Chandra Karmakar on 22 April, 2015
Author: Harish Tandon
Bench: Harish Tandon
22.04.2015.
Item No. 2C.O. 1038 of 2015 Md. Selamuddin Mia (Minor) & Anr.
Vs. Sri Dinesh Chandra Karmakar.
Mr. Asis Chandra Bagchi, Mr. Satyajit Mondal, Mr. Suranjan Mondal.
... for the petitioners.
Both the Courts have allowed an application under Section 8 of the West Bengal Land Reforms Act, 1955.
The point urged before this Court is whether an application for preemption is maintainable at the instance of a preemptor when the property sold was recorded by opening a separate khatian and whether a co-sharer can maintain the preemption application if the entire share or the portion has been sold to the petitioners.
Despite service, there is no appearance on behalf of the preemptor, even the learned advocate representing the preemptor has been served.
This Court feels that a further opportunity should be given to the preemptor.
Let this revisional application be listed in the supplementary list on 11th May, 2015 under the heading "Specially Fixed Matter".
The preemptor/opposite party is restrained by an order of injunction from alienating, transferring and disposing of and creating a third party interest as well as changing the nature and character of the premises in question for a period of six weeks from date or until further order of this Court, whichever is earlier.
2ab (Harish Tandon, J.)