B.C. Chakrabarti, J.

This revisional application under S. 115 of the Code of Civil Procedure is directed against an appellate Order affirming an order for pro-emption passed in Mis. Case No. 60 of 1967 of the 1st Court of Subordinate Judge at Hooghly.

2. The petitioner before us is the pre-emptee. The application for pre-emption under S. 24 of the West Bengal Non-Agricultural Tenancy Act was filed by the Opposite Party Kshirodabala in respect of a sale dated October 15, 1966 whereby the proforma O.P.2 Bejoy Krishna Deb sold plot No. 1324/1410 appertaining to Khatian No. 369 to Nikhil Chandra Sanyal, the petitioner before us.

3. The case of the pre-emptor briefly was as follows :-

Plot No. 1324 was a big garden measuring 185 decimals of land, different portions of which were purchased by different persons at different times. During the revisional settlement operations the plot was sub-divided into several Bata plots in the names of the purchasers. Bata plot Nos. 1324/1411, 1324/1412, 1324/1414, and 1324/1415 have been recorded in the same of the pre-emptor. She has constructed a house on plot 1324/1411 and has been residing there since 1953. Plot No. 1324/1410 was recorded in th