JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. The pre-emptors/opposite parties herein made an application under section 8 & 9 of the West Bengal Land Reforms Act 1955 interalia seeking for pre-emption in respect of properties described in the schedule to the said application, being Misc. Case no. 18 of 2009.

2. In the said application pre-emptor/opposite parties pleaded that the property described in schedule “ka” to the application originally belonged to one Khuman Chand Marothi and his name was also recorded in RS Record of Rights. Said Khuman Chand transferred the “ka” schedule property along with the other properties to his six sons and delivered possession. Khimraj Marothi, predecessor of petitioners being one of the legal heirs became owner of “ka” schedule property to the extent of 1/6th share. It is further pleaded that while they were possessing the same, they effected partition in between the co-sharers through a solenama in a suit before Civil Judge (Junior Division), Berhampore and thereby each of them were allotted specific share by way of said partition. It is further case of pre-emptors that the adjoining land owner of the “kha” schedule property has right to preempt the case