Basudeva Panigrahi, J. - (1.) This revisional application is directed against the judgment/order passed by the learned Additional District and Sessions Judge, Barasat, North 24 Parganas on 22nd August, 1995 in Misc. Appeal 102 of 1993 whereby and hereunder the learned Addl. District and Sessions Judge has allowed the application for pre-emption filed by the Opposite party No. 1.
(2.) The facts leading to this revisional application are set-out as follows:- That the Opposite party No. 1 filed an application under section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred as the Act) on 17th July, 1979 against one Sk. Noor Mohammad, since deceased, predecessor-in-interest of the petitioner 1-A to 1-D and the Proforma Opposite Parties Nos. 3 to 6 in the Court of the learned 2nd Munsif, Basirhat being Misc. case No. 76 of 1979 for pre-emption as a Co-sharer in respect of .34 decimals of land out of total .68 decimals of land of Plot Nos. 486 and 488 recorded in R.S. Khatian No. 85 of Mouza Atghara, J.L. No. 111 within P.S. Haroa, Dist. North 24 Parganas. The said Misc. Case was transferred to the Court of the learned 3rd Munsif, Basirhat which was re-numbered as Misc. Case 31 of 1992.
(3.) It has been, inter alia, alleged in the said application filed by the Opposite party No. 1 that the aforesaid plots originally belonged to two sisters i.e. Nasimannessa Bibi and Alimannessa Bibi (Opposite party No. 2) in equal share. From out of those three plots, they sold .13 dec. of land to Hasanujjaman Molla and others and the balance .68 dec. of land was being owned and possessed by them. The Opposite party No. 1 and his brothers purchased .34 dec. of land out of the aforementioned. 68 dec of land from Nasimannessa and have been possessing the same.;