Dhires Chandra Chakravorti, J. - (1.) This rule is directed against the judgment and order dated May 12, 1978 of the Court of Appeal below reversing those panel by the learned Munsif on an application under section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the Act).
(2.) The facts relevant for the present purposes are as follows : The Opposite Parties Nos. 1 to 4 on November 27, 1970 filed an application under section 8 of the Act alleging that the Opposite Party No. 5 Bhasker Chandra Giri transferred to the present petitioners Kedarnath and Janakinath 10 decimals of land out of Plot No. 1090 and 16 decimals out of Plot No. 1092, both appertaining to Khatian No. 996 that the kobala whereby aforesaid transfer was made was executed on April 19, 1970 and the registration thereof was completed on September, 5, 1970 and that they, (the Opposite Parties) were co-sharers in respect of the Jama in question and were also the owners of land adjoining the land transferred.
(3.) The present petitioners who were the pre-emptees resisted the said application under section 8 and denied that the said pre-emptors were co-sharers in the Jama in question or that they were the holders of land adjoining the land transferred. There objectors also claimed to have purchased 10 decimals of land out of said Plot No. 1090 from one of the co-sharers, namely. Srihari Patra by a kobala dated November 11, 1957 and thus they came to be co-sharers and also claimed to be holders of land adjoining the land transferred.;