RABINDRANATH BHUNIA Vs. SABITA GIRI & ANR

JUDGEMENT

(1.) The subject matter of challenge in the first revisional application, being C.O. 703 of 2015 is the order dated November 13, 2014 passed by the learned Additional District Judge, 7th Court, Paschim Midnapur, in Misc. Appeal No. 69 of 2011 thereby, upholding the judgement and decree dated August 04, 2011 passed by the learned Civil Judge (Junior Division), 2nd Court, Paschim Medinipur in J. Misc. Case No. 35 of 2005 dismissing the prayer of the petitioner for pre-emption in respect of the properties covered in the registered sale deed dated July 28, 1995 executed by the opposite party no. 2 in favour of the opposite party no. 1.

(2.) The second revisional application, being C.O. 704 of 2015 is directed against the order dated November 13, 2014 passed by the learned Additional District Judge, 7th Court, Paschim Medinipur, in Misc. Appeal No. 53 of 2011 thereby upholding the judgement and decree dated April 26, 2011 passed by the learned Civil Judge (Junior Division), 2nd Court, Paschim Midnapur in J. Misc. Case No. 42 of 2004 rejecting the prayer of the petitioner in both the revision applications,for pre-emption in respect of the properties covered in the settlement deed, being No. 2664 dated October 20, 1995 executed by the opposite party no.2 co-operative society in favour the oppsite party no.1, claiming himself as the contiguous ownerof the land in question.

(3.) Since, the petitioners and the opposite party no.1 in both the revisional applications are same,the right of pre-emtion is claime by the member of the same co-operative society and both the applications involve the same question of law, arising out of similar set of facts, these revisional applications were heard together and the same are disposed of by this common judgement.