PANCHU SUNDHARI DASSI Vs. HARIPADA BISWAS

JUDGEMENT

(1.) THIS Rule raises on important question of law under the West Bengal Estates Acquisition Act, read with the Bengal Tenancy Act, including its amendment under West Bengal Act XIX of 1955. The proceeding in question was a proceeding for pre-emption started by the present petitioners under section 26f of the Bengal Tenancy Act. The petitioners claim that the disputed property formed part of an occupancy raiyati holding and, on its sale to the opposite party, they became entitled to pre-empt the same as and in the capacity of co-sharers of the said occupancy holding.

(2.) THE petitioners' claim was resisted by the opposite party on several grounds, of which it is necessary to mention only two, namely (i) that the holding in question was not an occupancy raiyati holding but was an under-raiyati, may be, with occupancy rights under local custom; and (ii) that the holding in question, even if it had become a raiyati holding by reason of the vesting provisions of the Estates Acquisition Act, including Chapter VI thereof, relating to vesting of raiyatis and under-raiyatis, it was still not an occupancy raiyati holding so as to be amenable to provisions of sec. 26f of the Bengal Tenancy Act.

(3.) THE opposite party's objections were over-ruled by the learned Munsif who allowed the petitioners' application for pre-emption, but, on appeal by the opposite party, that decision was reversed by the learned District Judge who, being of the opinion that, although the disputed holding was a raiyati holding, it was not an occupancy raiyati holding, allowed the appeal before him and rejected the petitioners' application for pre-emption. Against this appellate order, the present Rule was obtained by the petitioners.