B.P. Banerjee, J. - (1.) This revisional application has raised a pure question of law relating to the scope and effect of Sec. 47 of the Indian Registration Act 1908 in relating to making ah application for pre -emption under Sec. 8 of the West Bengal Land Reforms Act. The facts of this case are as follows : The petitioners Radha Raman Mahapatra and others purchased 44 cents of land appertaining to R. S. Plot No. 81 of Mouza Cankpara in the District of Midnapore from one Rati Ranjan. The deed of sale was executed on 17th April, 1978 and that the same was registered on 19th May, 1978, whereas the pre -emptee/opposite party Gunadhar Bera purchased 42 cents of land appear taking to R. S. Plot Nos. 235 and 237 of the same mouza unidentified words which was executed on 21/11/78 and registered on 19th of July, 1979. The petitioners filed an application for pre -emption in respect of the property, claiming to be the co -sharers on the strength of the deed which was executed on 17/4/78 and registered on 19th May, 1980 on the ground that even though the registration was made after the registration of the land purchased by the pre -emptee opposite parties, the date of transfer would refer back and relate to from the date of execution of the deed which was made on 17th April, 1978. The document, by which the pre -emptee/opposite parties purchased, was executed later than the document executed in favour of the petitioners, but registered earlier than that of the petitioners.
(2.) Now the question that arises for consideration in this revisional application is whether the petitioners can have a right of pre -emption under Sec. 8 of the West Bengal Land Reforms Act for purchase by a co -sharer on and from 17th of April, 1978, that is the date of execution of the' deed when the deed was registered on 19th May, 1980 and on the strength of which whether they can claim pre -emption in respect of the land purchased by the opposite parties whose deed was executed, on 21st November 1978 and registered on 19th July, 1979.
(3.) The contention of the petitioners is that the date of execution of the deed would be relevant for the purpose of enforcing the right as a co -sharer Under Sec. 8 of the Land Reforms Act on the strength of Sec. 47 of the Indian Registration Act, 1908. On the contrary, the case of the defendant pre -emptee opposite parties is that as their document was registered earlier than that of the petitioners, the petitioners cannot be treated to be the co -sharers on the basis of the date of execution of the document and, according to the opposite parties, the date of registration creates such a right of pre -emption as co -sharers. This is precisely the fact and point of law involved in this application.;