PRIYA NATH BISWAS Vs. NATOBAR BISWAS AND ORS.

JUDGEMENT

(1.) This is an appeal by the Plaintiff Priyanath Biswas and is directed against a decision of Shri Palas Chandra Pal, learned Subordinate Judge, seventh additional court, Alipore, District 24-Pargands.

(2.) The facts found by the lower appellate court are these: On July 17, 1945, Umesh and Girish, who were co-sharer tenants in an occupancy holding forming the subject-matter of the present suit, transferred their interest therein measuring 46 acres to two persons who are proforma Defendants 3 and 4 in this suit.

(3.) On Dec. 28, 1945, the contesting Defendant filed an application under Sec. 26F of the Bengal Tenancy Act giving rise to Miscellaneous Judicial Case No. 563 of 1945. In this application for pre-emption the transferees alone were made parties. The transferees appeared and filed objections. On Dec. 14, 1946, the Defendant's application for pre-emption was allowed. Meanwhile on April 6, 1946, the Plaintiff who was not impleaded in the application for pre-emption filed by the Defendant made an application impleading the transferees as also the contesting Defendant parties to the proceeding. This application gave rise to Miscellaneous Judicial Case No. 131 of 1946. Notice of this application was not served on the contesting Defendant. The application for pre-emption was allowed exported on June 1, 1946.