( 1 ) THIS application under Article 227 of the Constitution of India is directed against an order and/or judgment passed by the learned Additional District judge, Birbhum at Rampurhat in Misc. Appeal No. 32 of 1993 affirming the order No. 66 dated 18th September, 1993 passed by the learned Munsif, 1st court at Rampurhat in Misc. Case No. 16 of 1985.

( 2 ) THE pre-emptors are the petitioners in this revisional application before this Court.

( 3 ) THE application for pre-emption was filed on the grounds of co-sharership as well as vicinage.

( 4 ) THE petitioners claim that Sarat Chandra Mukhopadhyay, the original owner of the case plot gifted. 02 satak of land out of. 04 satak of land in the case holding in favour of the petitioners herein by a registered deed of gift dated 4th December, 1961. Thus, the petitioners became the co-sharers in respect of the said case plot with the said Sarat Chandra Mukhopadhyay.

( 5 ) ON the death of Sarat Chandra Mukhopadhyay, his son Gopal Chandra mukhopadhyay inherited the share of his father in the case plot.

( 6 ) THE vendor of the opposite party No. l who is the only heir of Gopal chandra Mukhopadhyay inherited the sh