JUDGMENT

RAY, J.:— Special leave granted. Heard learned counsel for both the parties.

2. This appeal on special leave arises out of an application for pre-emption filed under the provisions of Section 8 of West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956) by the respondent, Md. Nasiruddin to pre-empt the land sold to the appellant, Abdullah Kabir by a Kobala dated May 16, 1974 by a co-sharer having 1/4th interest in plot No. 115/852 appertaining to Khatian No. 1944 on the ground of his being co-sharer in the said holding. The land in question i.e. plot No. 115/852 measuring 0. 3 cents was owned by one Sarat Chandra Dutta, son of Amulaya Ratan. Sarat Chandra Dutta was an agriculturist and he used to keep his agricultural implements in the said property. He also possessed along with the said land other agricultural lands as agriculturist and in occupancy raiyati interest. During R. S. operation also the said property was recorded in his name as Raiyat sthitiban and the classification of land was recorded as Bari i.e. homestead of the said agriculturist. On September 20, 1967, Sarat Chandra Dutta, owner of the said plot of land, sold the same by a registered kobala to four