( 1 ) THIS is an application under Article 227 of the Constitution of India against the Order No. 41 dated January 28, 2005 passed by the Learned civil Judge (Junior Division), First Court at Uluberia, District : Howrah in miscellaneous Case No. 73a of 2001. By the order impugned the learned civil Judge rejected an application filed by the pre-emptee under Section 47 of the Code of Civil Procedure.

( 2 ) THE pre-emptee/petitioner purchased 04 decimals of land in plot no. 491 appertaining to khatian No. 677 of Mouza Rasti, District : Howrah by a registered deed of conveyance dated September 25, 1997 from one shrimati Shymali Guchati.

( 3 ) THE pre-emptor/opposite party filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 for pre-emption. The said application was filed in the Court of the learned Munsif at Uluberia, District : Howrah. The proceeding was registered as L. R. Case No. 63 of 1987. The pre-emptee contested the case. The learned Munsif by judgment and order dated December 9, 1993 rejected the said application under Section 8 of the West Bengal Land Reforms Act, 1955.

( 4 ) THE pre-emptor preferred an appeal against the sa