SALIL KUMAR DATTA, J.

( 1 ) THIS Rule was obtained against the appellate order dated March 19, 1974 in Misc. Appeal No. 127 of 1973 disallowing an application for pre-emption under Section 8 (1) of the West Bengal Land Reforms Act, 1955 (West Bengal Act X of 1956 ).

( 2 ) THE facts in short are as follows. Opposite parties Nos, I and 2 purchased 11 dec, of land of dag No. 1887 of Mouza Bara Sangra, khatian No. 326 P. S. Sainthia, District Birbhum, by a registered kobala dated 15th June, 1968. The petitioners before are filed an application for pre-emption of the lands under the said kobala on the grouac that they were owners of the adjoining plots on the west. It may be mentioned that the opposite parties Nos. 1 and 2 an also the owners of adjoining plots situated on the south of the disputed plot. The application for pre-emption giving rise to Mist, Judicial Case No. 72 of 1972 was dismissed by the learned Munsif by order dated August 14, 1973 whereby the application for pre-emption was rejected. It was held relying on the decision in Bhau Ram v. Baijnath Singh, that the law of. pre-emption on ground of vicinage imposed an unreasonable restriction on the right to acquire, hold a

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