KALPA NATH SARKAR Vs. ANILKUMAR SARKAR

JUDGEMENT

(1.) These two Rules arise out of two proceedings for pre-emption which have failed in the courts below. These Rules have been referred to the Division Bench by a learned Single Judge of this Court as it involves an important question as to whether an appeal lay before the learned District Judge in view of the decision of that court to the effect that no such appeal lay in the absence of any provision of law. The petitioners to this Court were the applicants for pre-emption in the courts below.

(2.) The relevant facts are more or less, identical and are undisputed. The petitioners claimed that they were co-sharers tenants with the pro forma opposite parties in respect of the disputed Lands. The said pro forma opposite parties transferred the lands in dispute in favour of the principal opposite party in one case on 3-10-62 and in another on 1-10-62. Such transfers being effected by the co-sharer in respect of a part of the joint holding it was claimed that the petitioners are entitled to pre-empt. Such right was claimed in view of the provisions of Section 26-F of the Bengal Tenancy Act and Section 6 (2) of the West Bengal Estates Acquisition Act read with Rule 4 framed under the said Estates Acquisition Act.

(3.) The trial Court rejected these applications by holding that as the Bengal Tenancy Act has not been made applicable to Coochbehar and Section 8 of the Land Reforms Act had not then come into effect, even if Rule 4 of the Estates Acquisition Rules confers a right to preempt to the petitioners, there is nothing in the Rule or the Act to show that the procedure provided under Section 26-F of the Act is to be followed.