SUKHAMOY BAJ Vs. NEMAI MONDAL

JUDGEMENT

(1.) The Revisional Application arises out of a proceeding under S.24 of the West Bengal Non-agricultural Tenancy Act, 1949 for pre-empting transfer of a fractional interest in a tank measuring 14.48 acres in Plot No. 397, Mouza Plassey, P.S. Majia, Dist. Birbhum. Both in the Cadastral Survey Records and also in the Revisional Survey Settlement Records the status of the co-sharer tenants of the said tank which was described as Ram Dhanger Pukur was recorded as 'Raiyati Sthitiban'. The principal point in the case was whether the said tank recorded in Plot No. 397 in mouza Plassey, P. S. Mejia, Dist. Birbhum was a non-agricultural or an agricultural holding and whether the preemption application under S.2,4 of the West Bengal Non-agricultural Tenancy Act, 1949 was maintainable in law.

(2.) On 7th Nov. 1977 opposite parties 12 to 16 of the application under S.24 of the West Bengal Non-agricultural Tenancy Act, 1949 purported to transfer 6 annas 10 gondas share in the aforesaid Plot No. 397 in favour of 13 purchasers including the petitioner of this Revisional Application. Out of the said purchasers, Rabilochan Pramanik and Mibaran Ghosh were already recorded as co-sharers of the said plot and, therefore, the preemptors after excluding their 2/13 share prayed for preemption under S.24 of the said Act in respect of the remaining 11/13 share of the rest of the purchasers, There was a compromise between the preemptors and the purchasers opposite parties 1, 5 and 11 of the pre-empt ion application and as between the said set of parties the case was disposed of in terms of settlement. The present petitioners contested the preemption case, inter alia, claiming that the disputed tank was an agricultural land and therefore the preemption proceeding under S.24 of the West Bengal Non-agricultural Tenancy Act, 1949 was not maintainable.

(3.) The learned Munsif, 2nd Court, Bankura, inter alia, held that the disputed property was a non-agricultural land and the present petitioners were stranger purchasers and accordingly he allowed the preemption application under S.24 of the West Bengal Non-agricultural Tenancy Act. The learned Subordinate Judge, Additional Court, Bankura dismissed the appeal preferred by the present petitioner against the said order of the learned Munsif. Thereafter, they have filed the present Revisional Application which has been heard as a contested one in the presence of the contesting opposite parties to the Rule.