9911796707
TMI Blog1971 (9) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... 2, 1966 and April 4, 1966. It is not disputed that the opposite party is a stranger in respect of the disputed holding. The petitioner alleged that he was a co-sharer raiyat of the holding and that the transfers were made without service of any notice upon the petitioner under Section 5(5) of the West Bengal Land Reforms Act. After the petitioner came to know of the said two transfers, the petitioner made the said two applications before the Senior Land Reforms Officer on August 17, 1966, praying for pre-emption under Section 8(1) of the Act. 3. The opposite party opposed the said two applications of the petitioner. It was alleged by the opposite party that the petitioner was not a co-sharer raiyat of the disputed holding and that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Article 181. The learned Munsif held that the applications of the petitioner were barred by limitation. On the question whether the petitioner was a raiyat or not, the learned Munsif was of the view that as the petitioner who is the successor-in-interest of the raiyat in respect of the disputed holding, not being himself a cultivator was not a raiyat and as such the petitioner's applications under Section 8(1) was not maintainable as the petitioner could not be said to be co-sharer raiyat. On the aforesaid findings, the learned Munsif by his order dated January 7, 1969, allowed the appeals and dismissed the applications of the petitioner under Section 8(1). Hence, these two Rules by the petitioner. 6. It may be stated at the outset ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same view was maintained even after the amendment of Articles 158 and 178 of the Limitation Act, 1908, by the Indian Arbitration Act, 1940. 9. Under the Limitation Act, 1963, the scope of Article 137 has been widened. In Clause (b) of Section 2 a new definition of the word 'application' has been inserted. Clause (b) provides that 'application' includes a petition. In view of the said new definition of the word 'application' the scope of the Limitation Act has been enlarged by making it applicable to applications as also petitions under special enactments. 10. The statement of objects and reasons of the Limitation Act, 1963, declares as follows: A new definition of application is being inserted so as to i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relied upon the decision of the Privy Council in Turner Morrison Co. Ltd. v. Monmohan Chowdhury. In my opinion, the learned Munsif has misread and misunderstood the said decision of the Privy Council. In that decision the Privy Council has held that the proviso to Section 37 of the Revenue Sales Act (XI of 1859), the term 'raiyat' is limited to cultivator and does not include the successor-in-interest of a raiyat who is not a cultivator himself. That decision of the Privy Council does not apply to the case of a raiyat under the West Bengal Land Reforms Act. 12. Section 2(10) of the West Bengal Land Reforms Act defines the term 'Raiyat' as 'Raiyat' means a person who holds land for purposes of agriculture. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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