...limitation pertaining to a non-notified co-sharers right of pre- emption under the West Bengal Land Reforms ...provision pertaining to pre-emption, the residuary provision under Article 113 may not be looked at. Accordingly, the order impugned dated March 21, 2016 is set aside and the judgment...Act, 1963 which provides a period of three years for the period of limitation. However, in course of answering the reference, the judgment rendered on July 26, 2017 in C.O. 2716 of 2015...

...1. The petitioners' application for pre-emption under section 8 of the West Bengal Land Reforms ...rejecting the petitioners' said application for pre-emption on the ground of limitation in the facts of the instant case.3. The pre-emptors/petitioners filed the said application for exercising their right of ...as per section 61 of the Registration Act on 23rd December, 1985. The application for pre-emption was filed on 21st December, 1988. The petit...

...interest without a pre-emption proceedings is initiated under the West Bengal Land Reforms Act, 195...that the application for pre-emption, filed under either of the said Acts was liable to be dismissed unless the applicant at the time of making such application, deposited in Court the amount of consideration money together...in the absence of any such provision, it cannot be said that the condition of depositing the consideration money together with interest as imposed by Section 8(1) West Bengal Land Reforms ...

...preferring a Misc. Appeal No. 426 of 2013 got rejected by the learned District Judge, Alipore, which is assailed in this revisional application.A pre-emption proceedings under ...when the proceeding for pre-emption was pending before the trial Court. The Court proceeded to dispose of the application for condonation of delay as if it is dealing with an application under...Harish Tandon, J.:— The application under Section 5 of the Limitation Act for condonation of delay in...

...sale that he had co-sharers and also did not comply with the mandatory provisions laid down in Section 5(5) of the West Bengal Land Reforms Act. On 30-4-70 the petitioner came to...West Bengal Land Reforms Act before the Revenue Officer on 22-5-1970 which was later on transferred to the learned Munsif after the amendment of the Act in 1972. The learned Munsif rejected th...580. In that case Their Lordships have held that after the passing of the West Bengal Land Reforms Act, 1972, Article 137 of the Limitation Act, 1963, would app...

...years have elapsed, the learned Judge in Lower Appellate Court did not get time to dispose of the above numbered Miscellaneous Appeal arising out of a proceeding for pre-emption under the ....2. Being a member of hierarchical judicial system set up under the Constitution of India, I am prima facie ashamed to witness the unfortunate manner of dealing with a judicial proceeding by a Court...application is admitted for hearing directing the petitioner to serve notice of the application under registered speed post with A/D to the opposite party within one week from the date of this order, learned...

...such holding can exercise his raiyat U/s. 8 W.B.L.R Act for pre-emption.”Mr. Chakraborty, learned advocate appearing on behalf of the petitioner submitted a co-sharer of a raiyat in the plot of land ...Order No. 45 dated 16 January, 1999 made by the Court of 7 Additional District Judge at Alipore in Misc. Case No. 65 of 1993 whereby the petitioners' claim for pre-emption was rejected.... Roy, learned advocate appearing on behalf of the opposite party 1, however, pointed out the order was made before the amendment entitling a co-sharer of a raiyat to claim pre-emption. But...

...-emption filed under the provisions of Section 8 of West Bengal Land Reforms Act, 1955 (West Bengal Act 10 of 1956) by the respondent, Md. Nasiruddin to .... However, on taking certified copy of the said sale on 3-5-1977, the respondent-petitioner filed an application for pre-emption under Section 8 of the West Bengal Land Reforms ...provisions of West Bengal Land Reforms Act because of the non-agricultural use as evident from the R.S Record of Rights. The land is non-agricultural land as such the application for ...

...impugned order dated 6.6.1992 passed by the learned Munsif, Alipore in Misc. Case No. 70 of 1987 allowing the petition for pre-emption under sec...application for pre-emption under section 8 of the West Bengal Land Reforms Act, 1955 as an adj...section 17 of the Limitation Act cannot be excluded in case of pre-emption proceeding.6. The learned Counsel of the O.P No. ...

...paragraph 6 of the writ petition, and has taken out an application for pre-emption under Section 8 of the West Bengal land Reforms Act, 1955. 5. Under su...the petitioner's pre-emption application is pending. 7. In any event, the petitioner has sufficient protection under the provisions of the 1955 Act itself, since if the petitioner...succeeds in the pre-emption application, any accretion to the land-in-question will also vest in the petitioner. 8. In such view of the matter, there is no scope for interference in the...

...consideration of certain decisions of learned Judges of this Court held that the period of limitation for applying for pre-emption under Section...period of limitation for filing an application for pre-emption by a non-notified co- sharer, i.e. one year is the period of limitation. The decision of the Division Bench is reported in...for a non-notified co-sharer, is three years from the date of registration of the impugned document of sale and the application for pre...

...for pre-emption under section 8 of the West Bengal Land Reforms Act.2. In 1987, ...instituted a Misc. Case being Misc. Case No. 35 of 1987 before the learned Munsif, Balurghat for pre-emption under section 8 of the ...West Bengal Land Reforms Act is a self-contained Court in relation to enforcement of rights of pre-...

...courts and they are not “Persona designata”. The West Bengal Land Reforms Act, 1955 has not selected the Munsif and the le...jurisdiction of the Munsif and that of the District Judge under Ss. 8(1) and S. 9(6) of the West Bengal Land Reforms Act have not been fixed by the State Government's No...Choudhury v. Sm. Daulatmani Chaudhurain 62 CWN 143).8. In view of the special provisions contained in S. 8(1) of the West Bengal Land Reforms Act the Munsi...

...1. The short point involved in this case is, whether an amendment, prayed for by the petitioner in his application for pre-emption, filed under ...limitation, should be allowed.2. Shorn of all details, the facts of this case inter alia, are that the petitioner filed an application for pre-emption under ...-emption application filed under Section 8(1) of the West Bengal Land Reforms Act, 1958, but discusses about the period of limitation for filing the application...

...against an appellate order passed in connection with a pre-emption proceeding.2. The pre-emptees are the petitioners before this Court.3. The opposite parties Nos. 1 to 4 as preemptors filed an...Land Reforms Act.14. Section 8 of the West Bengal Land Reforms Act makes it...contained in Section 8 of the West Bengal Land Reforms Act as well as the decisions of this Court, as aforesaid it...

...Section 8 of the West Bengal Land Reforms Act, 1955.2. The first question raised is, whether the appellate ...resolution of the question, as to whether pre-emption lay under Section 8 of the West Bengal Land Reforms ...-emption is maintainable under Section 8 of the West Bengal Land Reforms Act, 1955, in the event a raiya...

...N.K.Mitra, J.:- (1) The short question involved in this case is, whether an application for pre - emption under section 8 of the west bengal land reforms ...depositing the consideration money together with interest as imposed by section 8 (1) of the west bengal land reforms act, 1955 has to be fulfilled by the pre - emptor at the time of making an app...application or that in default thereof the application would be dismissed. sub - section (1) of section 8 of the west bengal land reforms act, according to the division bench, in...

...application under section 8 of the West Bengal Land Reforms Act, 1955 for exercising his right of pre-...consideration for assessing the ceiling limit of the raiyat's family under the West Bengal Land Reforms Act....discussed herein.18. As a matter of fact the very same issue regarding applicability of the provision relating to pre-emption under the ...

...passed in connection with two appeals arising out of two pre-emption proceedings both initiated by the common pre-emptor against the common pre-emptee under ...the raiyat.23. Mr. Ali submitted that if the materials on record are sufficient to show that the applications for pre-emption can be considered within the scope of amended provision of pre-emption ...for.16. Thirdly, the maintainability of the pre-emption proceeding has also been challenged in view of the amendment of the West Bengal Land Reforms Act.17...

....In an application filed under Section 8 of the West Bengal Land Reforms Act, 1955 for ...amendment is not under challenge. Consequent thereupon at the commencement of the trial, the petitioner raised a preliminary objection with regard to the maintainability of pre-emption proceeding on the ground that partial ...evidence to be adduced by the parties. Whether partial pre-emption should be allowed or not is a question that is to be decided at the trial.Accordingly, the learned trial Judge should frame issue with regard to the m...