Calcutta High Court (Appellete Side)
Sk. Sajhan Ali & Ors vs Sk. Saber Ali & Anr on 9 February, 2015
Author: Harish Tandon
Bench: Harish Tandon
1
09 09.02.15 C.O. 345 of 2015
akd
Sk. Sajhan Ali & Ors.
Vs.
Sk. Saber Ali & Anr.
--------
Mr. Aniruddha Chatterjee, Mr. Basab Shaw.
... for the petitioners.
Mr. Asok Kumar Janah, Ms. Pampa Dey (Dhabal).
... for the opposite party no. 1.
The point involved in this revisional application is whether a preemption proceeding under Section 8 of the West Bengal Premises Tenancy Act is maintainable even after the entire share is transferred by a co-sharer to a stranger or is maintainable when a fraction of a share is transferred by a co-sharer to a stranger.
There appears to be a divergent views on the above subject-matter, even this Court in case of Biswanath Sarkar vs. Sunil Kumar reported in (2013) 3 WBLR 271 held that the preemption under the said Act is maintainable even when the entire share is transferred by a co-sharer to a stranger.
Mr. Chatterjee, learned advocate appearing for the petitioners submits that certain aspects have not been placed before this Court when the judgement in the above report was delivered and wants to address this Court on the said point.
Since the point assumes importance, this Court appoints Mr. P. B. Sahoo, learned advocate, as 2 Amicus Curiae to assist the Court.
On the prayer of the respective counsels including the Amicus Curiae, let this matter appear in the supplementary list on 20th February, 2015 as specially fixed matter.
Since this Court decides to hear out the matter finally, the opposite party no. 1 is restrained from changing the nature and character of the suit- premises and also alienating, transferring or parting with possession of the suit-premises to a third party till 26th February, 2015 or until further order/orders of this Court whichever is earlier.
(HARISH TANDON, J.)