DIBAKAR GHOSAL Vs. HARIHAR MUKHOPADHYAY

JUDGEMENT

(1.) This application is directed against the order dated August 26, 2006 passed by the learned Additional District Judge, 1st Court, Purulia in Misc. Appeal No. 40 of 1997 thereby setting the order dated September 19, 1997 passed by the learned Munsif, Raghunathpur in Misc. Case No. 53 of 1994.

(2.) The petitioners filed an application being Misc. Case No. 53 of 1994 under Sec. 8 of the West Bengal Land Reforms Act against the opposite parties for pre -emption in respect of the land in case before the learned Munsif, Raghunathpur, District Purulia. That misc. case was allowed on contest without cost. Being aggrieved, the pre -emptee filed a misc. appeal being Misc. Appeal No. 40 of 1997. That misc. appeal was allowed on contest without cost thereby setting aside the order of pre -emption passed by the learned Munsif, Raghunathpur, District Purulia. Being aggrieved by such orders, this application has been preferred.

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