JUDGMENT :

1. The pre-emptee in a proceeding for pre-emption under Section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as "the 1955 Act") has preferred the instant application under Article 227of the Constitution of India, challenging a judgment of affirmance, whereby both the courts below allowed the pre-emption application on the ground of co-sharership.

2. The brief facts of the case are as follows.

3. The original owner of the property-in-question, namely Madhusudan Adhikary, had .54 sataks of land in plot no. 977 (old plot no. 727). He gifted the suit property, measuring about .06 sataks out of the said .54 sataks, by three registered deeds dated February 14, 1985, May 14, 1991 and February 27, 1992 to Kartick Ch. Mondal and Sujoy Mondal, the vendors of the pre-emptee. As per the claim of the pre-emptee, the said gift deeds conveyed specifically demarcated properties. Subsequently the original owner sold .05 sataks (also demarcated according to the pre-emptee), out of the said .54 sataks by a registered deed dated December 15, 1996 to the pre-emptors.

4. The pre-emptee purchased the entire .06 satak property belonging to Kartick and Sujoy, as mentioned abo