BHASKAR BHATTACHARYA, J. :-

This first appeal is at the instance of a plaintiff in a suit for partition and pre-emption and is directed against order dated 31st August, 2000 passed by the learned Civil Judge, Senior Division, Eighth Court, Alipore, District-South 24-Parganas, in Title Suit No. 2 of 1988 thereby passing a preliminary decree declaring one-third share of the plaintiff in Item Nos. 1 and 2 of Schedule 'A' and also declaring the right, title and interest of the plaintiff to the extent of half share in Item No. 3 of the Schedule "A". The prayer for decree for pre-emption, however, was refused.

2. Being dissatisfied, the plaintiff has come up with the present appeal.

3. The case made out by the plaintiff may be summed up thus :

(a) The property mentioned in the schedule of the plaint belonged to one Keshoblal Das, the father of the plaintiff, who died on 23rd January, 1983 leaving his widow and two daughters including the plaintiff as his only heirs and legal representatives. According to the plaintiff, all those three persons became joint owners of the suit property and they had one-third share each. Bibharani Das, the widow of Keshoblal Das, having died during th