HARISH TANDON, J.:

1. This revisional application is directed against the judgment and order dated 12.2.2009 passed by the learned Judge, Special Court (EC Act)-cum Additional District Judge, Hooghly in Misc. Appeal No. 25 of 2006 reversing those judgment and order dated 27.2.2006 passed by the Civil Judge (Jr. Division), Hooghly in Misc. Case No. 33 of 2004.

2. This revisional application is filed at the behest of the pre-emptor challenging an order of the first appellate court by which his application for pre-emption under section 8 of the West Bengal Land Reforms Act is rejected.

3. Before dealing with the points canvassed before this court short facts are necessary to be recorded.

4. By a deed of sale executed on 10.8.1999 the opposite party no. 2 sold the “Ka” schedule property which is the tank to the opposite party no. 1 for a consideration of Rs. 1,50,000/- and the said sale deed was duly registered on 22.9.1999. The application under section 8 of the West Bengal Land Reforms Act was filed by the petitioner on 19.8.2000. The petitioner asserted the right of pre-emption on the ground that the entire plot being plot no. 633 was comprised of 224 satak of which 144 sata