The petitioner sought to pre-empt the sale dated 3rd October, 1978 made by one Bankim Behari Shaw in respect of 11.5/8 decimals of land in Dag No. 697 appertaining to R. S. Khatian No. 135 in Mouza Bagpura. J. L. No. 202 under Police Station Ramnagar within the District of Midnapore, in favour of the opposite party, on the ground that the petitioner was a co-sharer in respect of the holding to which the said plot belonged and also on the ground of vicinage, under s. 8 of the West Bengal Land Reforms Act, 1955. The case as made out by the petitioner in his pre-emption application inter alia, was that the suit plot originally belonged to three persons namely, Kunja Bankim and Rudra. Kunja had 8 annas share in the suit property while Bankim and Rudra had 4 annas share each therein The petitioner had purchased the share of Rudra from the heirs of Rudra prior to the disputed sale and thus became a co-sharer in the suit plot along with Bankim and Kunja and hence he was entitled to pre-empt the subsequent sale made by Bankim in favour of tie opposite party on 3rd October, 1978. The petitioner in his said application had further stated that the disputed land was mutually partitioned