Bhabesh Chandra Chakrab0i, J. - (1.) This revisional application under section 115 of the Code of Civil Procedure is directed against an appellate Order affirming an order for pre-emption passed in Mis. Case No. 60 of 1967 of the 1st Court of Subordinate Judge at Hooghly.
(2.) The petitioner before us is the pre-emptee. The application for pre-emption under section 24 of the West Bengal Non Agricultural Tenancy Act was filed by the Opposite Party Kshirodabala in respect of a sale dated October 15, 1966 whereby the proforma O.P. 2 Bcjoy Krishna Deb sold plot No. 1324/1410 appertaining to Khatian No. 369 to Nikhil Chandra Sanyal, the petitioner before us.
(3.) The case of the pre-emptor briefly was as follows:- Plot No. 1324 was a big garden measuring 185 decimals of land, different portions of which were puichased by different persons at different times. During the revisional settlement operations the plot was sub - divided into several Bata plots in the names of the purchasers. Bata plot Nos. 1324/ 1411,1324/1412, 1324/1414, and 1324/1415, have been recorded in the name of the pre - emptor. She has constructed a house on plot 1324/1411 and has been residing there since 1953. Plot No. 1324/1410 was recorded in the name of O P. Bijoy Krishna Deb. He sold away the said plot to Nikhil Ch. Sanyal by a deed of sale dated October 15, 1966 without any notice or intimation to the pre-emptor Kshirodabala. The property sold is to the contiguous west of her plot. She therefore claimed to pre-empt the Sale under section 24 of the Nor. - Agricultural Tenancy Act.;