This rule has been directed against the order dated 26.2.67 passed by the learned District Judge, Midnapore, in Misc. Appeal No. 148 of 1975 arising out of the order dated 5.7.75 passed by the learned Munsif, Tamluk, in Judicial Misc. Case No. 59 of 1972.

2. The opposite party No.1 Mrityunjoy filed an application for preemption under section 8 of the West Bengal Land Reforms Act on 27th February, 1972 in respect of Plot No. 278 appertaining to Khatian No.18/7 of Mouza Jashantapur and that gave rise to Judicial Misc. Case No. 59 of 1972. This plot has been recorded in the Settlement Khatian as a tank. This tank along with some other agricultural lands of Khatian No. 18/7 have been recorded in the name of Dukhabala as a raiyat during the revisional settlement operation. Dukhabala parted with her interest in respect of some plots of the raiyati holding in favour of one Motilal Mahapatra and his brother Jatindra in the year 1960. Mrityunjoy purchased plot No. 275 of the said Khatian from Motital by a Sale Deed dated 27.7.76 and as such became a co-sharer by purchase. Ballav Charan Maity and Bibhuti Bhusan Maity alias Batokristo (O.Ps. 2 and 3) inherited some of the plots of Kha