Tapasi Bhattacharyya vs Sk. Rahamatulla
2021 Latest Caselaw 5013 Cal

S/L 6
23.09.2021

sb CO 1680 of 2021 (Via Video Conference)

Tapasi Bhattacharyya Vs.

Sk. Rahamatulla

Mr. Arunangshu Chakraborty, Advocate Ms. Geniya Mukherjee, Advocate Mr. Yashraj Roy, Advocate

...for the Petitioner.

Mr. Chakraborty, the learned advocate for the petitioner

by placing reliance upon paragraph 27 of the judgment in the

case of Barasat Eye Hospital Vs. Kaustabh Mondal reported at

(2019) 19 SCC 767 has argued that only after the amount

mentioned in the sale deed is deposited, notice can be issued to

the transferee.

He further argued that the Munsif while dealing with an

application under Section 8 of the West Bengal Land Reforms

Act, 1955 ought not to have issued notice upon the transferee

when it is evident from paragraphs 8 and 9 of the application

filed under Section 8 read with Section 9 of the said Act that the

preemptor has deposited an amount less than the consideration

money indicated in the deed of transfer.

The petitioner is directed to serve a copy of this

application upon the opposite party and to file an affidavit-of-

service on the next date.

Let this matter appear two weeks after reopening of this

Court after Puja Vacation.

(Hiranmay Bhattacharyya, J.)