SRIBAS CHANDRA BISWAS Vs. JIBAN KRISHNA BISWAS

JUDGEMENT

(1.) This application is directed against the order dated April 28, 2008 passed by the learned Additional District Judge, Fast Track Court-II, Ranaghat in Misc. Appeal No. 14 of 2002 thereby dismissing the said misc. appeal on contest.

(2.) The opposite party filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 for pre-emption against the Petitioners in respect of the lands in case on the ground of vicinage and co-sharership and that application was converted into a misc. case being Misc. Case No. 99 of 1991. According to the application, the lands in case originally belonged to Kalipada Santra and his two sons, namely, Narendra Nath Santra and Joydeb Santra. After death of Kalipada Santra, the two sons inherited the lands in case. The opposite parties purchased Schedule 'A' lands from Joydeb Santra and the heirs of Narendra Nath Santra by a registered deed of sale dated June 6, 1991. The Petitioner as a co-sharer of the entire Schedule 'A' lands has filed the said misc. case for pre-emption. He has also contended that he has lands adjoining to the lands in case as described in Schedule 'B' to the plaint. The Petitioners herein are strangers to the lands in case. So, the opposite party has filed the pre-emption case. Both the courts below have came to the concurrent findings that the opposite party is entitled to pre-emption. Being aggrieved by the order of the Lower Appellate Court, the Petitioners have filed this revisional application.

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