SAILENDRA NATH NEOGY Vs. PURNENDU SEN

JUDGEMENT

(1.) This Rule arises out of a proceeding for pre-emption under Section 24 of the West Bengal Non-Agricultural Tenancy Act, 1949. The opposite parties were the pre-emptors and the petitioner the pre-emptee.

(2.) The learned trial Judge allowed the application for pre-emption subject to payment of compensation, amounting to Rs. 400/-, to the petitioner for the alleged improvements, effected by him in the disputed land since his purchase.

(3.) The lower appellate court dismissed the petitioner's appeal against the aforesaid order of the learned trial Judge, allowing pre-emption in favour of the opposite parties, and upheld the said order for pre-emption. It also allowed the opposite parties' cross-objection against the grant of compensation by the learned trial Judge and dismissed the petitioner's claim in that respect.