Sabyasachi Bhattacharyya,J. - (1.) The short question which has come up for consideration is the present case is, whether the executing acted without jurisdiction in directing a sale deed to be executed in favour of the successful pre-emptors under Section 8 of the West Bengal Land Reforms Act, 1955 (in short, "the 1955 Act"), as a pre-condition of proceeding further with the execution case.
(2.) The facts of the instant lis are: The revisionist-petitioner and proforma opposite parties no. 2 and 3 filed a pre-emption application under Sections 8 and 9 of the 1955 Act against the pre-emptee/opposite party no. 1, giving rise to Miscellaneous Case No. 08 of 2012. The said application was dismissed by the trial court.
(3.) On an appeal, bearing Miscellaneous Appeal No. 07 of 2014, being preferred by the pre-emptors, the Additional District and Sessions Judge, Kalna, by a judgment and order dated September 1, 2016, set aside the order of the trial Judge and allowed the pre-emption application.;