ORDER

The respondent filed a petition under Section 8 of the West Bengal Land Reforms Act for preemption in respect of two sale deeds executed by the vendors on 22nd and 23rd February 1977 transferring 1.79 acres of land in two plots in favour of the appellant. The appellants resisted the respondent s claim for pre-emption on the ground that the respondent need to have been a co-sharer in the land sold and since he claims to have purchased sometime in the past a portion of a plot, which was described in the revenue records as a tank , it was not land as defined in the Land Reforms Act and therefore he was not a co-sharer. The trial court found that the pre-emptor had purchased a portion of a plot which was a doba and since doba was a tank, it was outside the definition of land provided in the Land Reforms Act. The appellate court concurred with that view. The High Court, however, in second appeal upset it. To adjudge the correctness of the view of the High Court are the present appeals at the instance of the vendees.

2. Miss Aruna Banerjee, learned counsel appearing for the appellants has placed before us the English translation of the deed of sale in favour of the respondent