1. BY the instant application under Article 227 of the Constitution or India the petitioner challenges the legality ana propriety or the order passed by the additional District Juuge, Midnapore, the appellate autonomy, in Misc. Appeal no. 80 or 1975 dismissing an appeal preferred by the petitioner against the order of the learned Munsil in a miscellaneous case started under section 8 of the west Bengal Land Reforms act, 1955. The Additional District judge continued the decision of the learned Munsir who rejected the application rued by the petitioner to preempt me lana being a portion of plot no. 579 in Mouza kalicharanpur within tuana Nandgram in tne district of miuuapure, sold by one Trairakya Nath many. The present application is being opposed by the opposite party purchaser.

2. BRIFLY stated, the facts not in dispute are tnat Trailakya Maity was a co-snarer raiyat in respect of a Jama consising or several lands including dag No. 579, already mentioned. He sold his share of land in plot no. 579 by a kobala dated 12th April, 1973 to the opposite party, Sasadhar Maity. Thereafter, the present petitioner filed an application under section 8 or the West Bengal Land Reforms a