- (1.) This revisional application is directed against the judgement and order dated January 6, 2015 passed by the learned Additional District Judge, re-designated Court, Paschim Medinipur in Miscellaneous Appeal No. 635 of 2011, reversing the judgement and order dated May 17, 2011 passed by the learned Civil Judge (Junior Division), Ghatal in Judicial Misc. Case No. 25 of 2009.
(2.) The preemptee has filed the instant revisional application challenging the order of the Court of appeal below by which an application under Section 8 of the West Bengal Land Reforms Act, 1955 is allowed by reversing the judgment and order of the Trial Court.
(3.) The facts discernible from the respective pleadings of the parties are adumbrated hereinbelow:- The property described in schedule 'Kha' to the plaint originally belonged to one Aglima Khatoon @ Agli Khatoon and one Nasiman Biwi in equal shares. Nasiman Biwi executed registered deed of gift on September 27, 1965 by which her undivided share in respect of the said property was gifted to the plaintiff/opposite party and the proforma opposite party in equal share. By a subsequent deed of settlement dated November 19, 1993 the plaintiff/opposite party settled his undivided share in favour of Nasiman Biwi for her life. After the death of the said Nasiman Biwi and Agli Khatoon the said property devolved upon the plaintiff/opposite party and the proforma opposite party in equal share i.e. undivided 50% share in respect thereof. Subsequently the plaintiff/opposite party sold, transferred and conveyed half of his share in favour of the proforma opposite party; by virtue whereof the said proforma opposite party became the owner of undivided 75% share in the property. By a registered deed of conveyance dated August 22, 2006 the proforma opposite party sold, transferred and conveyed his total share in favour of the defendants/petitioners for valuable consideration mentioned therein.;