RADHA KRISHNA SAU Vs. MUNCHEHARA BIBI

JUDGEMENT

(1.) This Rule raises the question as to what is the starting point for the period of limitation under Article 181 of the Limitation Act in respect of an application for pre-emption under Section 26F of the Bengal Tenancy Act in a case where no notice has been served. The sale in this case was a certificate-sale under the Public Demands Recovery Act. The application

(2.) There is a second point as to the amount which the opposite party in the pre-emption application is entitled to receive. The sale in question included some mokarari mourashi holdings as well as occupancy holdings. The total purchase price was Rs. 250. The learned Subordinate Judge has decided that the opposite party is entitled to Rs. 125, that is, half of the purchase price, plus 10 per cent., in all Rs. 137-8-0.

(3.) The lower court has based its decision on the analogy of the case of Gobardhan Bar v. Gunadhar Bar,1940 2 ILR(Cal) 270. In that case a transfer by way of deed was in question, the transfer having been made before the amendment of Section 26F and registration having been made subsequently and it was held that the amended provisions of Section 26F applied to the case. Using similar arguments as adopted there, the learned Subordinate Judge has held that the starting point for limitation here is the date of confirmation of the sale.