NIRENDRA NATH ROY Vs. MALEK MIA

JUDGEMENT

(1.) This revisional application is directed against the judgment and order dated December 22, 2005 passed by the learned Additional District Judge, Cooch Behar in Misc. Appeal No. 7 of 2003 thereby setting aside the judgment and order dated July 15, 2003 passed by the learned Civil Judge (Junior Division), Additional Court Sadar, Cooch Behar in Misc. Case No. 1 of 2002.

(2.) This application is at the instance of the pre-emptors and their case is that they have lands adjoining to the land-in question and at such they want to pre-empt the land in question. Accordingly, they filed the pre-emption case before the concerned learned Civil Judge (Junior Division) and the said pre-emption Case No. 1 of 2002 was allowed on contest. The opposite party Nos. 1 and 2 preferred an appeal being Misc. appeal No. 7 of 2003 and that misc. appeal was allowed thereby a reversing the order of pre-emption passed by the learned Trial Judge. Being aggrieved, the pre-emptors have preferred this revisional application.

(3.) Now, the question is whether the impugned order should be sustained.