D. C. Chakravorti, J. - (1.) This Rule is directed against an appellate order whereby an appeal from a decision of the learned Munsif in a preemption proceeding was allowed in part. The preemption proceeding arises out of an application under section 8 of the West Bengal Land Reforms Act, 1955. The present opposite party No. as the pre-emptor filed an application under section 8 of the said Act praying for an order enabling him to exercise his right of preemption in respect of .02 acres of land which was transferred by one of the co-sharers of the holding in question to the present petitioners. The learned Munsif allowed the application for preemption. He however found that the consideration that passed at the time of the transfer on the basis whereof the preemption is claimed was Rs. 1000/- and not Rs. 3000/- as stated in the kobala in question.
(2.) On appeal by the present petitioners before the court of appeal below, it was held that Rs. 3000/- was the consideration and not Rs. 1000/- as found by the learned Munsif. The appellate court however affirmed the learned Munsif's order granting preemption.
(3.) Mr. Saktinath Mukherjee, learned Advocate appearing in support of the Rule contends, in the first place, that the application under section 8 does not disclose such materials as are pre-requisites of an application under section 8 of the said Act and that on that ground alone the application for preemption should have been dismissed. Mr. Mukherjee further contends that the land in question was not agricultural land and that accordingly the application under section 8 of the said Act will not lie.;