LAWS(CAL)-1973-4-19

SUDHANAYA CHARAN PAL Vs. MANICK CHANDRA PAL

Decided On April 11, 1973
SUDHANAYA CHARAN PAL Appellant
V/S
MANICK CHANDRA PAL Respondents

JUDGEMENT

(1.) THIS Rules arises out of a proceeding for pre-emption under Sec. 26f of the bengal Tenancy Act. The application for pre-emption was dismissed by the trial Court on a finding that the Jama was split up and that the opposite parties were not co-sharers in respect of the disputed holding transfers to the petitioner. On appeal by the pre-emptors opposite parties, the lower appellate court reversed the finding of the trial apart and came to the finding that the was not split up and that the opposite parties were co-sharers. In that of the matter, the lower appellate court allowed the application for pre-emption. Hence this Rule at the instance of the petitioner who is the purchaser.

(2.) THE transfer took place on november 9, 1963, that is, after Sec. 8 of the West Bengal Land Reforms Act, 1955, came into force. The application for pre-emption under Sec. 26f was not maintainable after the enforcement of Sec. 8. Secondly, in view of the decision of the Full Bench in Madan mohan Ghosh and ors. v. Shishu Bala datt and Ors. , 76 C. W. N. 1058, the opposite parties pre-emption ceased to be co-sharers in respect of the disputed holding and the application under Sec. 26f was not maintainable by them, after the enforcement of Chapter VI of the west Bengal Estates Acquisition Act, 1953. On this ground also the application for pre-emption under Sec. 26f was not maintainable. In these circumstances, the order of the lower appellate court allowing the application under Sec, 26f is set aside and that of the trial court is restored. This Rule is made absolute, but there will be no order as to costs, the pre-emptors opposite parties will, however, be entitled to withdraw the amount deposited by them in the trial court along with their application under Sec. 26f. Let the records be sent down to the trial court so as to enable the pre-emptors opposite parties to withdraw the amount without furnishing any security. Rule made absolute.