Provat Saha & Ors vs Soma Ghosh &
2021 Latest Caselaw 1457 Cal

Sn 15.2.21 C.O.303 of 2021

PROVAT SAHA & ORS. VS. SOMA GHOSH & ORS.

Mr. Sambhu Nath De Mr. B.K. Samanta ..for the petitioners

The petitioners are the preemptees in

preemption case no. 41 of 2016. By a judgement dated

March 19, 2019 passed by the learned Civil Judge, 1st

Court at Malda, the application for preemption was

allowed. Aggrieved, the petitioners preferred the Misc.

Appeal 9 of 2019 which was also allowed. Thus, the

revisional application has been filed.

It is the contention of the petitioners that as

the entire share of a plot of land held by a raiyat was

sold to the petitioners, who were the strangers, the

learned Courts below could not allow the preemption.

This point has been referred to a larger Bench.

This revisional application will be heard.

The petitioners shall not change the nature

and character of the suit property and shall not create

any third party interests. The opposite parties shall not

proceed with execution of the judgments.

The interim order passed shall be operative

for a period of six months from date or until further

orders, whichever is earlier.

Liberty to mention.

The petitioners are directed to serve copies of

the revisional application upon the preemptors/

opposite parties along with a server copy of this order

within a week from date.

(Shampa Sarkar,J.)