DWARKA NATH PRASAD ATAL Vs. RAM RATI DEVI

JUDGEMENT

(1.) Heard counsel, special leave granted.

(2.) The respondent filed an application under Section 24 of the West Bengal Non-Agricultural Tenancy Act asking for pre-emption in respect of the property mentioned in Schedule 'A' of the application. That property originally belonged to Maharaja Cossimbazar Stobe Works Private Ltd. which conveyed it to the appellant under a registered deed of sale dated June 27, 1975. The respondent's case was that he was a co-owner of the property and was therefore entitled to pre-empt the sale in favour of the appellant.

(3.) The appellant resisted the respondent's claim for pre-emption on various grounds including the ground that the property involved in the proceeding being agricultural land, the Civil Court in which the respondent had filed her application for pre-emption had no jurisdiction to entertain the application by reason of the provisions of the West Bengal Reforms Act.