Chittatosh Mookerjee, J.

1. This Rule arises out of a proceeding under Section 8 of the West Bengal Land Reforms Act. The Subject matter of the said proceeding was Dag No. 208/726, Khatian No. 447, Mouza Kumardhi, Police Station Kulti, measuring 10 decimals of land. The applicants, who are opposite parties to this Rule claimed that they were the owners of the contiguous lands. On 26.2.1971 the petitioner had purchased by a registered kobala the said 10 decimals of land in Dag No. 208/726 from one Ram Ashis Singh for a consideration of Rs. 2000/- (Rupees Two thousand only). The learned Munsif dismissed the application under Section 8 of the West Bengal Land Reform Act, inter alia, upon a finding that the land in question was non-agricultural land, therefore, the application for preemption under Section 8 of the Act was not maintainable. The learned Subordinate Judge, Asansol, allowed the appeal of the applicants and granted their prayers for preemption under Section 8 of the West Bengal Land Reforms Act, inter alia, upon a finding that the land in question was agricultural.

2. In my view, this Rule is bound to succeed for the reasons presently indicated. It was proved that or