( 1 ) THE instant revisional application under section 115 of the Code of Civil Procedure has been preferred by the pre-emptee-petitioner against the Judgment and order dated 26. 5. 93 passed by the learned Additional District Judge, 5th Court, Midnapore in Mis. Appeal No. 124 of 1991 affirming the order dated 25. 5. 91 passed by the learned Munsif, First Court, Contai granting pre-emption in favour of the pre-emptor-opposite party in J. Mis. case No. l of the 1988 under section 8 of the West Bengal Land Reforms Act on ground of vicinage. Both the courts below have come to a finding that the opp.-pre-emptor is the adjoining land owner in respect of the disputed property purchased by the pre-emptee-petitioner by register deed dated 11. 3. 81 from one Birendra Nath Das who is admittedly the husband of the pre-emptor O. P.

( 2 ) IT has been contended by Shri Sahoo the learned Advocate for the present petitioner that both the courts below have erred in law in holding that the op-pre-emptor is an adjoining land owner of the disputed holding in plot No. 222 where she is a co-sharer, there being no partition by metes and bounds in respect of the disputed plot No. 222 a