Mir Dara Sheko, J. - (1.) This revisional application has been directed under Article 227 of the Constitution of India assailing the judgment dated 24th May, 2016 delivered by the learned Additional District Judge, Fast Track, 1st Court, Contai, Dist. - Purba Medinipur in Misc. Appeal no. 7/05 and Misc. Appeal no. 8/05, in effect affirming the order of preemption recorded by the learned trial judge in J. Misc. Case no. 9 of 95 and J. Misc. Case no. 11 of 1995 although wrongly in the cause title it has been mentioned as "reversing the judgement and order in J. Misc. Case no. 9/95 and J. Misc. Case no. 11/95".
(2.) Mr. Manna, learned counsel representing the petitioner argued that on the same date there were two transactions held on 4th February 1989. One relating to plot no. 260 executed by Padmabati who sold the entire plot comprised of 77 decimals to the petitioner-pre-emptee Bijoy Krishna Sahoo. The other plot no. 642 comprised of 45 decimals was amicably settled by a deed of settlement dated 1st March 1976 by which one Amalendu Roy got 20 decimals whereas his brother Bimalendu got rest 25 decimals. Out of them said Bimalendu sold his entire 20 decimals to the aforesaid Bijoy Krishna Sahoo, the pre-emptee-petitioner herein on 4th February 1989.
(3.) Mr. Manna submitted that there were two preemption cases one being J. Misc. Case no. 9/95 and the other J. Misc. Case no. 11/95 filed by the predecessor of the opposite parties for preemption on the ground of bargadar.;