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2018 DIGILAW 749 (CAL)

Dibakar Mete v. Goutam Manna

2018-10-09

SABYASACHI BHATTACHARYYA

body2018
JUDGMENT : 1. Let the affidavit of service filed in Court today be kept with the record. 2. Both parties are represented in Court today. 3. The present challenge has been directed at the instance of the preemptor in a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955, against an order directing the preemptor to pay Rs.4,03,000/- along with 10% interest, which was the consideration amount shown in the transfer deed sought to be preempted. 4. Learned counsel for the petitioner argues that, in view of the specific challenge as to the actual consideration amount, the trial court acted without jurisdiction in directing the petitioner to put in the entire amount of consideration, as shown in the sale deed itself, at a premature juncture. 5. Learned senior advocate appearing on behalf of the opposite party argues that the petitioner himself argued in the court below that the market value of the suit property was shown as Rs.1,45,354/- an assessment slip dated August 3, 2017 issued by the concerned registration office. As such, it is submitted, the petitioner should at least deposit such amount prior to the court below proceeding further with the preemption matter. 6. Upon hearing learned counsel for both sides, it appears that, in paragraph 10 of the preemption application, the petitioner alleged that the actual consideration money was Rs.50,000/-. In view of such averment and as to specific challenge taken by the preemptor to the amount of consideration shown in the sale deed itself, the trial court acted without jurisdiction in directing the petitioner to pay the entire amount of Rs.4,03,000/-, as shown in the sale deed to be the consideration for the transaction. However, learned senior advocate appearing for the opposite party is correct in submitting that the petitioner has to deposit at least the admitted amount of consideration, alongwith interest of 10% on such amount, prior to proceeding further with the preemption matter. 7. Accordingly, C.O No.3315 of 2017 is disposed of by setting aside the impugned order and directing the petitioner to deposit an amount of Rs.55,000/- (Rs.50,000/- + 10 % i.e. Rs.5,000/-) within October 12, 2018 in the court below. It is made clear that the petitioner will be entitled to approach the trial court for making such deposit, with a server copy of this order and the trial court shall act on such communication. It is made clear that the petitioner will be entitled to approach the trial court for making such deposit, with a server copy of this order and the trial court shall act on such communication. In default of such deposit, L.R. Miscellaneous Case No.134 of 2017 pending in the Seventh Court of Civil Judge at Howrah will stand dismissed as not maintainable in view of non-deposit of the statutory amount as stipulated in Section 8(1) of the West Bengal Land Reforms Act, 1955. It is made clear that this order will not act as an impediment for the trial court in deciding the question of the actual amount of consideration paid for the transaction-in-question, prior to passing any final order in the preemption proceeding, as contemplated in Section 9(1) of the West Bengal Land Reforms Act, 1955. 8. There will be no order as to costs. 9. Urgent certified website copies of this order, if applied for, be given to the parties upon compliance of all necessary requisite formalities.