1. This Rule is directed against the order dated July 17, 1978 passed by the learned Additional District Judge. 5th Court at Midnapore in Misc Appeal No 43 of 1978 affirming the order No. 27 dated January 31, 1978 passed by the learned Munsif, Second Court. Midnapore in J. Misc. Case No. 60 of 1975. The petitioner made an application for pre-emption of 03 acre of land being the eastern portion of plots No 551 and 552 appertaining to Revision" Settlement Khattan No. 29 within Mouza Dhekia, P.S. Khragpur in the district of Midnapore file plaintiff based his claim for pre-emption on the ground that the plaintiff was a co-share in respect of the holding in question and the plaint if also held land contiguous to the land in respect of which the said right of pre-emption was made. The trial Court on consideration of the materials on record and evidences adduced by the parties came to the finding that the petitioner was not a co-sharer because he had purchased some land in the holding in question prior to the vesting of estates under the West Bengal Estates Acquisition Act. 1953 and the petitioner was also not entitled to claim for pre emption on the ground of vicinage because t