Samarendra Nath Bhattacharjee, J. - (1.) This revisional application has been preferred against the order dated 20.6.97 passed by learned Additional District Judge, 2nd Court at Burdwan in Misc. Appeal No. 19 of 1992 affirming the order No. 157 dated 1.2.92 passed by learned Munsif, 2nd Court, Burdwan in Misc. Case No. 36 of 1976 in connection with the application under Section 8 of West Bengal Land Reforms Act.
(2.) The points in this revisional application are whether an application for pre-emption filed after execution of the sale deed but before the registration thereon is maintainable or not and also whether the right of pre-emption can be exercised by co-sharers by vicinage when the transfer is in respect of the entire holding and not in respect of a portion thereof.
(3.) The petitioner is the owner of plot No. 108 5 which is adjacent to plot No. 1082. The Opposite Party No. 3 is the owner of plot No. 1082. He sold the plot No. 1082 in favour of O. P. Nos. 1 and 2 who were stranger purchasers and as such the petitioners has filed an application for pre-emption before the learned Court below. The learned Munsif dismissed the petition on a finding that by the deed of sale dated 9.7.76, the O. P. No. 3 has sold the entire holding and the application for pre-emption is not maintainable when the entire holding is sold.;