( 1 ) THIS application under Article 227 of the constitution of India is at the instance of the opposite party in an application under section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the Act) for pre-emption of the suit property on the ground of adjoining ownership and is directed against order dated 5th January, 2004 passed by the learned Additional District Judge, 2nd Court, Mursidabad in Misc. Appeal No. 42 of 2003 thereby reversing the Order No. 60 dated 16th July, 2003 passed by the learned Civil Judge (Junior Division) Additional-1st Court, Berhampore in misc. Case No. 5 of 2001 since renumbered as Misc. Case No. 10 of 2003.

( 2 ) THE case made out by the pre-emptor in the application for pre-emption may be summed up thus: (A) The property mentioned in schedule 'ka' of the application comprising of holding No. 127, Netaji Road, under Berhampore Municipality record in R. S. Plot No. 689 and L. R. Plot No. 1284 originally belonged to one haridas Barat and Harigopal Barat. One Surendra Bhattacharya, the father of the pre-emptor purchased the same from the aforesaid two recorded owners on the strength of a registered Koba