MIR DARA SHEKO,J. - (1.) Aggrieved by the judgment dated January 30, 1993 delivered in Miscellaneous Appeal No. 144 of 1991 by Ld. Additional District Judge, 2nd Court North 24 -Parganas, Barasat affirming the order of pre -emption passed by Learned the then Munsif, 3rd Court Basirhat in Miscellaneous case No. 7 of 1984, the pre -emptee -opposite party/appellant/petitioner, to be called on hereafter as the petitioner, preferred this revisional application on the grounds mentioned in the application under Article 227 of the Constitution of India.
(2.) Admittedly the case property of Khatian 326 of mouza Chandipur under Police Station Baduria appertained to plot numbers 77, 78 & 81 having an area of 7.82 acre originally belonged to Afsar Mandal, who sold the same to Sahabuddin and Aftabuddin on 2nd February, 1961, who thereafter transferred the said property to one Abul Fazal Tarafdar. Said Abul Fazal Tarafdar then transferred some portions of the case plots to Nazir Ahammed on 1st of December, 1978 and rest to Azizur Rahaman and Fajlur Rahaman on January 17, 1979. The pre -emptor - petitioner/respondent/opposite party, to be called on hereafter as the opposite party, purchased the portion of the case plot from said Nazir Ahmmed by a registered deed dated 2nd May, 1980 and thus became co - sharer to the case plots.
(3.) Cause of action of the pre -emption case allegedly arose when the pre - emptee -opposite party/ appellant /petitioner purchased the case property to the extent of 2 decimals out of 11 decimals on southern side described in schedule Ka and 1 cent out of 5 cent of plot 77 and 3 cent out of 20 cents of plot 81 described in schedule Kha from said Azizur Rahaman and Fajlur Rahaman by a registered deed dated February 6, 1981 without notice and beyond knowledge of the opposite party.;