This revisional application has arisen out of the judgment and order dated 05.07.1995 passed by the learned Additional District Judge, Fourth Court, Mursidabad in Miscellaneous Appeal No.122 of 1992 which arose out of the Miscellaneous Case No.67 of 1985 in an application under Section 8 of the West Bengal Land Reforms Act filed by the petitioner. The fact of the case in short is that the petitioner filed the Miscellaneous Case No.67 of 1985 under Section 8 of the West Bengal Land Reforms Act, 1955. Both the parties to the case adduced evidence and upon consideration of the evidence on record, the learned Munsif held that the petitioner was not entitled to have an order of pre-emption. Accordingly, the learned Munsif dismissed the miscellaneous case. The petitioner preferred an appeal which was also dismissed by the learned Additional District Judge, Fourth Court, Mursidabad by the impugned order. Being aggrieved by the said order of dismissal of the miscellaneous appeal, the present application has been preferred by the petitioner.
Having considered the submissions of the learned Advocate for the petitioner and on going through the record, I hold that the definition of "land" and the scope of entertaining an application under Section 8 of the West Bengal Land Reforms Act, 1955 have undergone a major change by the West Bengal land Reforms (Amendment) Act, 2000. No doubt, at present, after amendment of the said Act in 2000 a co-sharer of a raiyat in the plot of land can well pray for pre-emption provided the other conditions of Section 8 of the said Act are complied with. The said amendment Act has become effective from 07.08.1969. Therefore the situation of the present case is governed by the provisions of the West Bengal Land Reforms (Amendment) Act, 2000 on the right of pre- emption. But both the courts below have disposed of the application under Section 8 of the West Bengal Land Reforms Act, 1955 keeping in mind the definition of 'holding' which had been deleted by the subsequent Amendment of the Land Laws. The expression 'co-sharer' has got a new dimension by such Amendments. Therefore, I hold that it is a fit situation to set aside the judgments and orders of both the courts below for a fresh decision in the light of the so-called Amendment Act, 2000. If I discuss more over the matter, it may create prejudice to the mind of the learned Judges of the sub-ordinate courts. That is why I am not discussing in details whether the petitioner is a co-sharer or if he has any adjoining land of the land in case. From the record it also appears that the petitioner has contended that the consideration money incorporated in the so- called deed in question as Rs.1,500/- was not true at all. The petitioner deposited Rs.600/- as the consideration money and also Rs.60/- as 10% of the same as compensation. This appears to be the contrary of the provision of Section 8 of the West Bengal Land Reforms Act, 1955; but there is no observation or finding in this respect in the judgments and decrees of the trial court and the appellate court. There should be an observation and finding whether the provisions of Section 8 of the West Bengal Land Reforms Act, 1955 have been complied with respect to this matter. Accordingly, the judgment and order dated 24.09.1992 passed by the learned Munsif, First Court, Kandi and the judgment and order dated 05.07.1995 passed by the learned Additional District Judge, Fourth Court, Mursidabad are hereby set aside. The learned Civil Judge (Junior Division), First Court, Kandi is directed to dispose of the miscellaneous case afresh within six months from the date of communication.
The revisional application is disposed of with the above orders.
There will be no order as to costs.
