( 1 ) THE disputed plot No. 1491 appertaining to R. S. Khatian No. 128 of Mouza Athilagari, P. S. Contai, Dist. Midnapore was the retained land of several co-sharers including Bhupendra Nath Maity and Ramesh Chandra Maity, who were all Raiyats as would appear from the R. S. Record of Rights where the said land was recorded as 'sandi' (Balu Badam ). On 30th August, 1969, opposite parties No. 1 to 3 purchased. 04 decimals being a portion of the said plot No. 1491 from Bhupen Maity. Subsequently, on 11th August, 1972, Bhupen sold about. 02 decimals in the same plot to the petitioner. Admittedly, no notice of such transfer under section 5 (5) of the West Bengal Land Reforms Act, 1955 was served upon the opposite parties No. 1 to 3. Subsequently, on 26th February, 1973. Ramesh sold his portion to the opposite parties No. 1 to 4. The registration of the said sale was completed on 28th February, 1973. Thereafter on or about 16th June, 1975, the opposite parties No. 1 to 4 filed an application for pre-emption of the said sale dated 11th August, 1972 as referred to above, effected by Bhupen in favour of the petitioner, before the learned Munsif, 1st court, Contai, Midnapore