Bhaskar Bhattacharya, J. - (1.) This revisional application is at the instance of a pre-emptee in a proceeding under Section 8 of the West Bengal Land Reforms Act (Act) and is directed against order dated September 5, 1995 passed by the learned Additional District Judge, 4th Court, Howrah in Miscellaneous Appeal No. 73 of 1994 thereby affirming Order No. 130 dated January 29, 1994 passed by the Munsif, Ulberia in L.R. Case No. 17 of 1982.
(2.) The opposite party No. 1 filed an application under Section 8 of the Act before the Court of Munsif, Ulberia for pre-emption of the sale deed executed by the opposite party No. 2 in favour of the petitioner herein on the ground of co-sharership as well as vicinage. The aforesaid application gave rise to L.R Case No. 17 of 1982.
(3.) The case made out by the opposite party No. 1 in the said application was inter alia as follows : a) The 'Ka' schedule property originally belonged to one Sarabhuj Maity who died leaving his widow viz., Bhubaneswari, four sons and three daughters. b) By a registered deed dated October 4, 1969 the aforesaid heirs partitioned all the properties left by Sarabhuj including 'Ka' schedule property. c) By virtue of such partition deed, one of the sons viz. Sadanada got demarcated 37 decimals of land in the Western side of the said plot. Another son viz., Amarenda got demarcated 40 decimals of land in the Eastern side of the said plot and their mother Bhubaneswari got 42 decimals of demarcated land in the middle portion. d) Subsequently Amarendra sold his allotted 50 decimals of land to the opposite party No. 1 and thus the opposite party No. 1 became co-sharer as well as adjoining owner of the land of Bhubaneswari. e) Bhubaneswari by the impugned deed transferred 21 decimals out of her 42 decimals to the petitioner without any notice. Hence the application for pre-emption. ;