JUDGMENT :

Shampa Sarkar, J.:-

1. This revisional application arises out of an order dated March 8, 2022, passed by the Learned Additional District Judge, 1st Court, Lalbagh, Murshidabad in Miss Appeal No. 06 of 2021. The learned Appellate Court allowed the appeal filed by the preemptee/opposite party No.1. By the order impugned, the learned Court reversed the judgment and order dated January 29, 2021, passed by the Learned Civil Judge (Junior Division) Additional Court, Lalbagh, Murshidabad in Misc. Pre Case No. 36 of 2014.

2. The learned Appellate Court was of the view that the learned trial judge had wrongly allowed the pre-emption application by allowing the petitioner to deposit the remaining consideration amount along with 10% thereof, contrary to the decision of the Hon’ble Apex Court in the matter of Barasat Eye Hospital and ors. vs. Kaustabh Mondal reported in (2019) 19 SCC 767, The Appellate Court held that it was a settled position of law that the pre-emptor was supposed to deposit full amount of consideration with 10% of the amount, within the specified time as per the statute. Such provision was sacrosanct. The right of pre-emption under Section 8 of the West Bengal Land