Asha Arora, J. - (1.) By the instant revisional application the petitioners have assailed the order dated December 11, 2003 passed by the learned Additional District Judge 3rd Court Midnapore in Misc. Appeal No. 76 of 2001 thereby reversing the order dated April 21, 2001 passed by the learned Civil Judge (Junior Division) 2nd Court Contai granting a decree of pre- emption in favour of the petitioners in Judicial Misc. Case No. 8 of 1995 arising out of an application under section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the W.B.L.R. Act).
(2.) The petitioners herein filed the aforesaid judicial misc. case under section 8 of the WBLR Act seeking pre-emption in respect of 3 decimals of land which was transferred in favour of the opposite party herein by a registered deed of sale dated May 26, 1993. It is the contention of the petitioners that by virtue of a decree passed in a partition suit being Title Suit No. 290 of 1961, the predecessor-in-interest of the parties Aswini Basu Chowdhury since deceased, got 25 decimals of land in plot no. 989 being erstwhile plot no. 1138 of mouza Aklabad within P.S Egra. Out of the said 25 decimals of land, 16 decimals was transferred to the petitioners by a registered deed of sale dated January 11, 1993 while 3 decimals of land was transferred in favour of the opposite party by a registered deed of sale dated May 26, 1993. The remaining 6 decimals of land in the said plot was gifted to the widow and daughter of Aswini by a deed of gift. Petitioners sought for pre-emption of the aforesaid land being 3 decimals on the ground of adjoining ownership.
(3.) The application for pre-emption was contested by the opposite party by filing written objection contending therein that the transfer of the case land was effected in his favour at the intervention of the petitioner No. 1 who was an attesting witness to the transaction. The petitioner having waived his right over the land in question is not entitled to pre-emption in respect thereof.;