In this rule the petitioner-pre-emptee challenges an order passed by the learned Court of Additional District Judge dismissing the appeal filed by the pre-emptee against an order passed by Shri P. Majhi, Munsif, 2nd Court, Arambag, The opposite party purchased the property described in Ka schedule at the sum of Rs. 3,351/- by a Kobala dated 29.5.66 from Sri Sunil Kumar Singha Roy. The petitioner owns the property described in Kha schedule. Both this lands were recorded under two sub-khatians under the same landlord's khafian no. 5, so that the petitioner was co-sharer in the properly described in Ka schedule and they are entitled to pre-empt on that ground. Their further case is that they are adjoining owners and vicinage is another ground for their prayer of pre-emption. The opposite party resisted the prayer of pre-emption both on the ground of the co-sharership as also on the ground of vicinage, that, owner of the adjoining land.

2. The learned Munsif rejected the claim for pre-emption on the ground of co-ownership but allowed it in part on the ground of vicinage in respect (If petitioner's plot no. 539/1234 which adjoins the plot no. 1234, that is, included in the dispu