BULA KUNDU Vs. NIRMAL KUMAR KUNDU

JUDGEMENT

(1.) This revisional application under section 115 of the Code of Civil Procedure is at the instance of an opposite party in a proceeding for pre-emption under section 8 of the West Bengal Land Reforms Act ("Act") and is directed against order dated September 23, 1999 passed by the learned Additional District Judge, 2nd Court, Midnapore in Judicial Misc. Appeal No. 68 of 1994 thereby reversing order dated April 21, 1994 passed by the learned Munsif, Garhbeta in Judicial Misc. Case No. 22 of 1991.

(2.) The opposite parties filed the aforesaid Misc. Case No. 22 of 1991 under section 8 of the Act for pre-emption of sale effected through a registered deed dated March 27, 1989 in favour of the present petitioner on the ground of adjoining ownership.

(3.) The aforesaid application was contested by the present petitioner by filing written objection thereby contending, inter alia, that the opposite parties were merely co-sharers of adjoining holding but could not be said to be adjoining owners of the property transferred and as such the application was liable to be dismissed.