Debasish Bandyoopadhyay vs Subhash Saha & Ors
2021 Latest Caselaw 915 Cal

04.02.2021

srm

C.O. No. 4406 of 2015

Debasish Bandyoopadhyay Vs.

Subhash Saha & Ors.

Mr. Probal Mukherjee, Mr. Saunak Bhattacharya ...for the Petitioner.

Affidavit-of-service is taken on record.

None appears on behalf of the opposite parties.

This revisional application is directed against judgment

and order dated October 8, 2015 passed by the learned

Additional District Judge, 3rd Court at Berhampore in Misc.

Appeal No.61 of 2010. By the judgment impugned before this

Court, the learned lower appellate court reversed the

judgment dated May 10, 2010 passed by the learned Civil

Judge (Junior Division), Additional Court, Berhampore in

Misc. Case No.10 of 2009. The Misc. Case No.10 of 2009 was

instituted by the opposite parties for pre-emption on the

ground of co-sharership. The application for pre-emption was

rejected. Then Misc. Appeal was preferred. The Misc. Appeal

was allowed with a direction upon the pre-emptors/opposite

parties to deposit the consideration money as per the deed of

conveyance being Exhibit 4 along with 10% of the

consideration money less than the amount deposited by them

in the court below, within one month from the date of receipt

of the trial court records by the learned trial Court and on the

deposit being made the right, title and interest in the share of

the plot transferred would vest in the opposite parties.

Mr. Mukherjee, learned Senior Advocate appearing on

behalf of the pre-emptee/petitioner, argues that the application

for pre-emption was not maintainable without depositing the

entire consideration money along with the interest. He further

submits that the application was barred by limitation as the

same was filed beyond one year from the date of knowledge of

the co-sharers of such transfer.

Prima facie it appears that an arguable case has been

made out by the petitioner.

List this matter in the Daily Supplementary Cause List

on March 24, 2021 at 2.00 p.m. under the heading "Hearing".

The learned Advocate-on-record for the petitioner is

directed to serve copies of this revisional application upon the

opposite parties and their learned Advocate appearing in the

learned Court below along with a server copy of this order

within seven days.

Affidavit of service to be filed on the next date of

hearing.

Status quo with regard to the nature character and

possession of the suit property to be maintained by both the

parties for a period of six months or until further orders

whichever is earlier.

(Shampa Sarkar, J.)