SIDDHARTHA CHATTOPADHYAY, J. - (1.) This instant revisional application emanates from the Judgment and Order dated 30th May, 2008 passed by the learned Additional District Judge,
(2.) nd Court at Barasat in connection with Misc. Appeal No. 197 of 1996. In the said impugned order learned First Appellate Court has set aside the order dated 16th July, 1996 passed by the learned Civil Judge (Junior Division),
(3.) rd Court at Basirhat. The Trial Court has dismissed the application under Section 8 of W.B.L.R. Act. The said judgment has been set aside by the First Appellate Court holding that the present opposite party is entitled to pre - empt the case land as prayed for in the petition under Section 8 of W.B.L.R. Act. 2. According to the present petitioner, learned First Appellate Court failed to appreciate the position of law and could not consider his claim as a contiguous land owner. It is also further contended that opposite party had been in possession in respect of a defined and demarcated portion of the case land so he could not be treated as contiguous owner particularly when partition took place long back. 3. At the time of hearing, learned Counsel appearing on behalf of the opposite party contended that the order of the learned First Appellate Court is absolutely justified and said Court has taken care of every nitty -gritty of the said law and discussed everything its proper perspectives and the finding of the learned First Appellate Court does not warrant any interference.;