CHITTATOSH MUKHERJEE, J.

( 1 ) THIS revisional application arises out of a proceeding under S. 8 of the West Bengal Land Reforms Act, 1955. Both courts of fact have found that the petitioner was a stranger purchaser of an undivided interest in the disputed raiyati holding and the pre-emptor opposite party was a co-sharer tenant. It is no longer disputed that the said application under S. 8 of the West Bengal Land Reforms Act was filed within time. Therefore, both the learned Munsif in the trial court and the learned Subordinate Judge in appeal have upheld the claim of the opposite party to pre-empt the purchase made by the petitioner by the kobala dated April 5, 1965.

( 2 ) MR. J. Islam, learned advocate for the petitioner has submitted that both the learned Munsif and the learned Subordinate Judge failed to discharged their statutory duties by not satisfying themselves as to whether the pre-emptor opposite party was already possessing lands up to the ceiling area prescribed by S. 14m of the West Bengal Land Reforms Act, 1955. Mr. Islam has further submitted that the court before allowing the application for pre-emption ought to have made an enquiry and arrive at a finding in this

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