- (1.) Being unsuccessful in two successive occasions in connection with Miscellaneous Case No. 32 of 1992 and Miscellaneous Case No. 33 of 1992 by the Order dated 14.11.1994 passed by the Learned Munsif 3rd Court at Basirhat as well as Additional District Judge, 3rd Court at Barasat in Miscellaneous Appeal No. 23 of 1995 and 24 of 1995 vide Order dated 10.09.2014 this disgruntled petitioner had come before this Court under Section 115 of the Civil Procedure Code.
(2.) According to the petitioner the pre-emptor opposite party No. 1 is not a co-sharer in respect of the disputed suit plots and he had purchased a portion of the entire land comprised in the disputed suit property. Miscellaneous Case No. 32 of 1992 deals with the suit lands measuring about 1.19 decimals out of Plot Nos. 2484, 2485, 2525, 2528, 2517, 2527, 2529 and Miscellaneous Case No. 33 of 1992 relates to the suit land measuring 33 decimals out of Plot Nos. 2517, 2527, 2529 and all the plots were under Khatian No. 2972. Learned Trial Judge as well as Learned First Appellate Court disposed of the miscellaneous case and miscellaneous appeal against this petitioner.
(3.) Initially the pre-emptor opposite party claimed pre-emption on the ground of co-sharer and vicinage. In course of trial the pre-emptor pressed for pre-emption only on the ground of 'vicinage'. Both the Courts below ventured to resolve the dispute on that ground.;