- (1.) THIS application is at the instance of a pre -emptee and is directed against the order dated November 14, 2003 passed by the learned Additional District Judge, 1st Fast Track Court, Cooch Behar in Misc. Appeal No.5 of 2000 thereby reversing the order dated March 2, 2000 passed by the learned Civil Judge (Junior Division), Cooch Behar in Misc. (Pre -emption) Case No.1 of 1999 thereby dismissing the application under Section 8 of the W.B.L.R. Act, 1955 for pre -emption. The pre -emptor/appellant/opposite party herein instituted a proceeding under Section 8 of the W.B.L.R. Act, 1955 for pre -emption against the stranger purchasers/petitioners herein and that application was dismissed by the learned Trial Judge. Being aggrieved, the pre -emptor preferred an appeal being Misc. Appeal No.5 of 2000, which was allowed by the impugned order. Being aggrieved, this application has been preferred.
(2.) NOW , the question is whether the impugned order should be sustained.
(3.) UPON hearing the learned Counsel for the parties and on going through the materials on record, I find that there is no dispute that the petitioners are the stranger purchasers in respect of the land in case being L.R. Plot No.291. Admittedly, by a joint registered deed of sale dated January 1, 1969, three persons, namely, the pre -emptor, the opposite party no.5 and one Ajoy Kumar Guha jointly purchased lands including the land in case and no partition deed was executed amongst them showing partition by metes and bounds.;