JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. The instant application has been preferred against the judgment and order dated 19.08..2020 passed by learned Additional District Judge, 3rd Court at Cooch Behar in connection with Misc. (Pre) Appeal No. 12 of 2015. By the impugned order learned Appellate Court was pleased to set aside the order dated 15.06.2015 passed by the learned Civil Judge (Junior Division) Sadar, Cooch Behar in Misc. pre-emption Case No. 9 of 2012 and passed order of preemption in favour of petitioner/opposite party no. 1 herein. Petitioner herein/pre-emptee contended that the suit plot being LR Plot Nos. 704 and 705 Mouza-Harinchowra is the subject matter of the pre-emption application and the opposite party no. 1 in the instant revisional application, being the pre-emptor, filed aforesaid Misc. pre-emption Case, being No. 09 of 2012, on the ground that his right of co-sharership and continuous land ownership has been overlooked by the opposite party no. 2 (seller) while selling the land from LR Khatian Nos. 704 and 705 to the opposite party No. 1/petitioner herein. In support of his claim the pre-emptor furnished LR Khatian, being No. 810, which is marked as Exhibit 1 and title deeds, being Nos. 5381 and 5378 of 1998 (marked as Exhibit 2 and 3 respectively).

2. Petitioner herein contended although there are reference of as many as 12 plots in pre-emptor’s title deed, but his name has been recorded only in respect of LR plot No. 705 measuring about 0.03 acres. He further submits that the pre-emptor has not taken the plea in respect of other plots, that his name has not been recorded and therefore, he has taken step for correction of the Record of Rights to the concerned Block Land and Land Reforms office. On the contrary during cross examination, the pre-emptor categorically stated that he possesses only two plots, but ultimately it appears that the pre-emptor possesses only 0.03 acres of land in respect of LR plot No. 705. The pre-emptor has not filed any document to show that he has title or possession over LR Plot No. 704.

3. Petitioner further pointed out that on the other hand, the petitioner/pre-emptee being opposite party no. 1 of the Misc. Pre-emption Case, claimed co-sharership and contiguous land ownership on the strength of Khatian standing in his name, being LR Khatian No. 649 in respect of LR Plot No. 704, land measuring about 0.06 acres. Petitioner submits that the LR Khatian No. 649 is the prima facie proof of possession unless rebutted. The pre-emptor has not been able to produce any evidence to rebut the fact of possession of 0.06 acres of land by the pre-emptee over LR Plot No. 704, which is one of the suit plots. Accordingly petitioner contended that both the pre-emptor and pre-emptee have lands only in suit plot nos. 704 and 705. Therefore, the sole fact for determination remains as to who possesses the longest common boundary under the provisions of sections 8 of the West Bengal Land Reforms Act 1955 (in short Act of 1955).

4. Learned counsel appearing on behalf of the opposite party no. 1 submits that the opposite party no. 1 purchased 3 khata 15 dhurs land as prescribed in schedule ‘A’ to the plaint from Abdul Jonab Miah, on 26.11.1996 by executing a sale deed being No. 5381 for 1998. Opposite party no. 1 herein thereafter also purchased 1 khata 4 dhurs of land from Abdul Malek on 26.10.1998 which also described in ‘A’ schedule by dint of another registered deed being no. 5378 of 1998. Accordingly by such purchase the petitioner/opposite party no. 1 herein became owner and possessor of 3 katha 15 dhurs and 1 katha 4 dhurs of land described in schedule ‘A’ to the plaint. He further submits that the land described in ‘A’ schedule and schedule ‘B’ to the plaint (which is owned by opposite party no. 2 herein) are situated just side by side and part of ‘A’ schedule land is situated on the western side of the ‘B’ schedule land and both ‘A’ and ‘B’ schedule land recorded under same khatian. Opposite par