SUKHAMOY BAJ Vs. NEMAI MONDAL

JUDGEMENT

(1.) This Revision Application arises out of a proceeding under S. 24 of the West Bengal Non-agricultural Tenancy Act, 1949 for preempting 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 rank recorded in Plot No. 397 in mouza plassey, P. S. Majia, Dist. Birbhum was non-agriculture ural or an agricultural holding and whether the pre-emption application under S. 24 of the west Bengal Non-agricultural Tenancy Act, 1949 was maintainable in law.

(2.) On 7th November 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 gonads share in the aforesaid plot No. 397 in favor of 13 purchasers including the petitioner of this Revision Application. Out of the said purchasers, Rabilochan Pramanik and Nibaran Ghosh were already recorded as co-shares of the said plot and, therefore, the preemptors after excluding their 2/13 shares prayed for pre-emption under S. 24 of the said Act in respect of the remaining 11/13 shares of the rest of the purchasers. There was a compromise between the pre-emptor and the purchaser opposite parties 1, 5 and 11 of the pre-emption application and as between the said set of parties the case was disposed of in terms of settlement. The Present petitioners contested the pre-emption case, inter alias, 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 alias, held that the disputed property was a non-agricultural land and the present petitioner 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 he learned Munsif. Thereafter, they have filed the present Revision Application, which has been heard as a contested one in the presence of the contesting opposite parties to the Rule.