14. There is another aspect of the matter. The court below affirmed the judgment of dismissal passed by the Trial Court but on a different finding that if a portion or share of plot of land owned by a single or sole rayat, then the transfer of the said plot of land to any other co-sharer of the said plot of land does not arise as the transferor is the sole rayat of the subject land in question and in this context he quoted section 8 (1) of the West Bengal Land Reforms Act 1955 and indicated that the said plot of land must be held under the joint ownership and not under the ownership of a single individual, because in the case of transfer by sole rayat of a plot of land there is no need of any notice interms of section 5(4) of the Act of 1955 and the said plot of land of rayat is exempted from the purview of pre-emption. In the present case since pre-emptor did not produce any document during the trial in establishing that save and except Narayan Prasad Tewary, any other co-sharer exists in respect of the plot in question, which is precondition in succeeding the claim of pre-emption, that the said plot of land must be held under the joint ownership and not under the ownership of a single individual, in terms of section 8, so he affirmed the dismissal order of the Trial Court though on different footing. 15. However, from the facts and circumstances of the case it appears that the learned counsel for the petitioner during the course of argument placed
