AMAL KUMAR GIRI Vs. NANI GOPAL PAIRA

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioners praying for revision of the order dated 16.12.1998 passed by the learned Additional District Judge, 5th Court, Midnapore in Misc. Appeal No. 45/95 reversing the order dated 24.3.95 of learned Munsif, Dantan in J. Misc. Case No. 26/1991.

(2.) The circumstances leading to the present revision are that the petitioners filed an application under Section 8 of the W.B.L.R. Act being registered as J. Misc. Case No. 27/91 for pre-emption of the lands transferred in favour of O.P. No. 1 by pro-O.P. Nos. 2 to 7 by a sale deed executed on 21.09.87 and registered on 2.2.91, on the ground of vicinage, on depositing sale-price along with compensation, as they purchased land of plot Nos. 2315 & 2319 of Khatian Nos. 158 & 483 respectively of Mouza Palasi by a registered deed dated 21.9.89. After a contested hearing the Trial Court allowed the said Misc. Case holding the petitioners as contiguous raiyots of the disputed land. In appeal being Misc. Appeal No. 45/95 preferred by O.P. No.1 the learned Judge reversed the order of the Trial Court observing that there were co-shares of the lands, that the lands transferred are not specific and there was no partition of the said lands, though the lands transferred which are Panbaraz and Bastudhosa are well defined, demarcated, sufficiently identifiable and are in exclusive possession of O.P. No.1.

(3.) Being aggrieved by and dissatisfied with the said order, the petitioners have preferred the present revision.