Sk. Samir Hossain vs Sk. Mahebub Rahaman & Ors
2021 Latest Caselaw 4416 Cal

26.08.2021 (S/L-20) Ct.-18 (Susanta)

(Via Video Conference)

C.O. 108 of 2021

Sk. Samir Hossain

-Vs-

Sk. Mahebub Rahaman & Ors.

Mr. Asit Kumar Bhattacharya ..... For the Petitioner.

Mr. Asit Kumar Bhattacharya, learned

advocate for the petitioner files affidavit-of-

service which is taken on record.

The opposite parties are not represented in

spite of service.

The petitioner is the pre-emptee/opposite

party in the connected proceeding under Section

8 of the West Bengal Land Reforms Act, 1955

being Misc. Case No. 68 of 2016.

The petitioner in the said proceeding filed an

application questioning the maintainability of it

on the ground that since the pre-emptor has not

deposited the entire consideration price of the

sale sought to be pre-empted, in view of the

judgment of the Hon'ble Supreme Court in the

case of Barasat Eye Hospital & Ors. -Vs-

Kaustabh Mondal reported in (2019) 19 SCC

767 the said proceeding is not maintainable.

A Co-ordinate Bench of this Court in C.O.

785 of 2021 has expressed doubt regarding

applicability of the ratio of law laid down by the

Hon'ble Supreme Court in the aforementioned

decision in respect of an application for pre-

emption on the ground of co-sharership and

referred the issue to the Larger Bench for

decision.

In the present case the pre-emptor has

exercised his right of pre-emption in respect of

the said sale on both the grounds i.e. he being a

co-sharer and raiyat possessing land adjoining to

the suit plot is entitled pre-empt the said sale.

Therefore, the final disposal of the present

revisional application is dependent upon the

outcome to the said reference which has not yet

been answered.

That the being the position the hearing of

the revisional application is adjourned, till the

said reference is answered.

Let the matter go out of list.

Liberty to mention.

(Biswajit Basu, J.)