The revisional application has been directed assailing the judgment dated 10th September, 2015 delivered by Learned Additional District Judge, 2nd Court, Contai in Misc. Appeal No. 4 of 2014 affirming the order dated 30th July, 2013 passed by learned Civil Judge (Junior Division) Contai by which the J. Misc. Case No. 27 of 2007 (for preemption) was dismissed declining the prayer of preemption on the ground of vicinage as was sought for by the petitioner-appellant, who will be called on hereafter only as the pre-emptor.

2. Fact, in brief as contended by the pre-emptor Molu Ali Shah that there was a registered partition deed on 28th November, 1954 between his predecessor-in-interest, and, cousin Sadhu Ali Shah got the demarcated "Ka" schedule property mentioned in said deed, whereas, the property, described in "Chha" schedule of said deed, situates on adjacent western side of said 'Ka' schedule property, was allotted to the share of the pre-emptor. Since said Sadhu Ali without notice sold the demarcated case property appertained to plot nos. 848 and 849 on 18th March 1984 (registration of which was complete on 17th September, 1990) to the strangers/opposite party nos. 1 to 5