Subrata Bhattacharjee ... vs Abdul Matin Mallick And Others
2021 Latest Caselaw 3305 Cal

21st June,

(AK)

C.O 1153 of 2021

Subrata Bhattacharjee (Banerjee) Vs.

Abdul Matin Mallick and others

Mr. Kajal Ray Mr. Tanmoy Mukherjee ...For the Petitioner.

The preemptor/petitioner has made out a strong

prima facie case as regards the executing court having

committed a patent jurisdictional error in directing the

opposite party to execute a transfer deed in favour of the

petitioner, inasmuch as, within the contemplation of

Sections 9 and 10 of the West Bengal Land Reforms Act,

1955, the vesting of the right, title and interest on the

successful preemptor is automatic and requires no

further deed to be executed.

The only order which could have been passed was

directing handing over of possession to the preemptor by

the judgment debtor.

Accordingly, the petitioner shall serve a copy of

C.O. 1153 of 2021 on the pre-emptee/opposite party no.1

indicating that the matter will appear for hearing on July

12, 2021 before the appropriate Bench.

There shall be stay of operation of the portion of the

impugned order, whereby the opposite party has been

directed to execute a deed in favour of the petitioner as a

pre-condition for proceeding further with the execution

case, till disposal of the revisional application.

The petitioner will be at liberty to approach the

executing court for necessary directions on the opposite

party no.1 to hand over possession of the decretal

property in favour of the petitioner in connection with

Title Execution Case No.1 of 2019 pending before the said

court, that is, the Civil Judge (Junior Division) at Kalna

independent and irrespective of execution of any deed of

transfer.

If such a prayer is made, the trial court shall

dispose of the same without insisting upon prior

execution of a transfer deed by the opposite party in

favour of the petitioner.

The parties as well as the trial court shall act on

the communication of the learned advocate for the

petitioner and/or server copy of this order without

insisting upon prior production of any certified copy

thereof.

Urgent photostat copies of this order, if applied for,

be given to the parties upon compliance of all requisite

formalities.

(Sabyasachi Bhattacharyya, J.)