- (1.) The pre-emptor is the petitioner in this case under Article 227 of the Constitution of India. He has prayed for setting aside the order dated 28th September, 2012 passed by learned Additional District Judge, 3rd Court, Alipore in Misc. Appeal 3 of 2009 reversing the judgment and order dated 19.09.2007 passed by learned Civil Judge (Junior Division), 3 rd Court at Baruipur in Misc. Case No.30 of 1994. The admitted position of the case may be summarized as follows:-
(2.) One Abdul Khalek Mondal was the owner of 77 decimals of land appertaining to R. S. plot No.4630 of mouza Gordwan. He sold 36 1/2 decimals of land out of said 77 decimals of land to the O. P.s. namely Ayub Ali Mollah and his wife Mihiran Bibi through a registered sale deed dated 22.07.1994 showing Rs.20,000/- as the consideration money.
(3.) Present petitioner is the owner of plot No.4627, 4628, 4629 and 4631 of the suit mouza. The petitioner's land appertaining to plot No.4629 was to the adjacent south of the suit land and the petitioner's lands appertaining to plot Nos. 4627 and 4628 were to the adjacent west of the suit land.;