The record is taken up for passing necessary order. Seen. This is an application for pre-emption of the suit land. Perused the plaint, the deposition of the plaintiff as P.W- 01 & 02, the documentary pieces of evidence (deposit chalan, RS khatian No. 93, the deed in question, etc.), and other materials available on record. It appears that the plaintiff placed the application before this court having jurisdiction with paying proper court fees and seeking a decree for pre-empting the suit land described to the schedule to the application under section 96 of the S. A. T. Act. 1950. Section 96 of the said Act recognizes any aggrieved person’s right to apply for such relief as prayed for under certain conditions, which appears to be met with sufficient implications so far as the instant case is concerned. So, it is decided that the suit is maintainable in its current form and manner.
Upon such
perusal and consideration of the adduced pieces of evidence (PW-01 & 02; RS khatian
No. 93, the deed in question), it appears that the applicants are co-sharers in
the holding in question and the opposite Party No. 01 & 2 is strangers to
the holding in question. It also appears that the land so transferred got
handed over beyond the knowledge of the petitioner. The petitioner also claims
that the land in question is yet to be handed over to the OP No. 01 & 02, and they came to know about the disputed sale on 11.09.2018 upon obtaining the
certified copy of the deed in question. Even, it transpires that the
petitioners do not suffer from any other legal disqualification under the appertaining
laws. Nothing contrary is proved as such.
However, the
deed in question appears to be an out-and-out sale deed. Considering all of the
points discussed above, it is decided that the instant case is maintainable in
the present form and manner. As such, the Petitioner may get relief as prayed
for. In consideration and cognizance of the petitions, facts, surrounding
circumstances, submitted shreds of evidence both oral and documentary on record and
relevant laws, it appears to the Court that the application deserves to be
allowed ex parte.
The court fee paid is correct.
Hence, it is
ordered
that the pre-emption case be
allowed on contest against the Opposite Party No.1-2 without any order as to costs.
The pre-emptor will get the scheduled land by way of pre-emption. The Opposite
Party (O.P.) No. 1 and 2 are allowed to withdraw the money deposited in their
credit. OP No. 1 and 2 are directed to execute and register a sale deed in
respect of case lands in favor of the Petitioner within 30 days from the date, given
that no tax, duty or fee shall be payable on such registration. In default, the
petitioner may realize his pre-empting rights through Court in accordance with the law.
(Composed and corrected by me)