JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved and dissatisfied with the order no. 32 dated 17th August 2019 passed by the Additional District Judge, 1st Court, Suri, Birbhum in Miscellaneous appeal No. 2/2017, present application under Article 227 of the Constitution of India has been preferred.

2. Petitioners contended that the petitioner filed an application under section 8 of the West Bengal Land Reforms Act 1955 before the Civil Judge, 1st (Junior Division) Court at Bolpur being Misc. Case No. 28/2011. Petitioner’s contention in the said pre-emption case is that ‘kha’ schedule property originally belonged to Nilkantha Roy and after his death the same was devolved upon his three sons namely Ganapati, Sripati and Ramapati Roy in equal share. Subsequently 1/3rd share of Sripati devolved upon his five sons, out of which pre-emptor is one of the said sons. Property in question never partitioned among co-sharers. Subsequently 1/3rd share of Rampati devolved upon his two sons Gadadhar and Gangadhar. Gadadhar and his wife subsequently transferred their share in favour of pre-emptee described in ‘kha’ schedule. The pre-emptee is a stranger to the property in question, therefore on