D.P. Sarkar, J. - (1.) This order covers C.O. Nos. 2370, 2371 and 2372 of 1995.
(2.) The first two cases arise out of applications under Section 8 of the W.B.L.R. Act for pre-emption and the third one relates to the question of restitution or restoration of possession. Two plots of land are involved viz. plot Nos. 3135 and 3136. These two plots originally belonged to Nakul Chandra Dey having eight annas' share, the petitioners having five annas, two karas and two krantis' share and Baidyanath having two annas, thirty gandas, one Kara and one krantis' share at the time of enforcement of the W.B.E.A. Act. Baidyanath died leaving behind two sons viz. Gopal and Monoranjan who sold their shares to Ajit and Durgabati in 1976. Mrityunjoy-the petitioner in the pre-emption case filed pre-emption application against Durgabati in case No. 61/1976 and also against Ajit in case No. 46/1976 on the ground of co-sharership and vicinage on 10.12.1976.
(3.) The trial Court held Mrityunjoy as co-sharer but dismissed the application for short deposit in both the cases. Accordingly, Mrityunjoy preferred Misc. Appeal No. 16/1976 and 17/1976. Mrityunjoy's Misc. Appeal No. 17/1976 was allowed on the ground that though Mrityunjoy was not a co-sharer in respect of He plot No. 3135, yet he was a Rayot possessing land adjoining to the land transferred the other Misc. Appeal against Ajit HZ. Misc. Appeal No. 16/1976 was also allowed, but both were remanded for determination if the pre-emption cases were pre-mature i.e. filed before completion of registration. Mrityunjoy challenged that order before the Hon'ble High Court in C.R. No. 2599(W)/1980 and Durgabati, also moved a writ petition under Article 226, challenging the selfsame order C.R. No. 4255(W)/1980, and order was passed for analogous hearing of both the Civil Rules.;