This Rule is directed against an appellate order where by an appeal from a decision of the learned Munsif in a pre-emption proceeding was allowed in part. The pre-emption proceeding arises out of an application under S. 8 of the West Bengal Land Reforms Act, 1955. The present opposite party No.1 as the pre-emptor filed an application under S. 8 of the said Act praying for an order enabling him to exercise his right of pre-emption in respect of .02 acres of land which was transferred by one of the co-sharers of the holding in question to the present petitioners. The learned Munsif allowed the application for pre-emption. He however found that the consideration that passed at the time of the lflll1sfer on the basis whereof the pre-emption is claimed was Rs. 1000/- and not Rs. 3000/- as stated in the kobala in question.

2. On appeal by the present petitioners before the court of appeal below, it was held that Rs. 3000/- was the consideration and not Rs. 1000/- as found by the learned Munsif. The appellate court however affirmed the learned Munsif's order granting pre-emption.

3. Mr. Saktinath Mukherjee, learned Advocate appearing in support of the Rule contends, in the first pla