ANIL KUMAR MONDAL Vs. AMULYA CHARAN MONDAL

JUDGEMENT

(1.) THIS Rule arises out of pre-emption proceeding. It appears that the opposite parties purchased a portion of the disputed non-agricultural holding on March 10, 1969, Thereafter the remaining portion of the holding was purchased on September 19, 1969 by the petitioners. This purchase was sought to be pre-empted by the pre-emptees opposite parties by filing an application dated September 1, 1970. This application was allowed by the learned Munsif on the finding that the holding was an agricultural one. On appeal the Appellate Court found that the holding was a non-agricultural one and allowed the pre-emption. The present Rule has been obtained by the pre-emptees against this decision.

(2.) THE only point which has been raised is that the opposite parties did not come up with the pre-emption application within the statutory period which is four months for the service of notice of transfer under Section 23 of the West Bengal Non-Agricultural Tenancy Act, 1949. There is no dispute that in this case no notice was served on the pre-emptors under section 23 of the said Act. The question now is what will be the time limit for filing an application for pre-emption under Section 24 of the Act in respect of non-notified co-sharers.

(3.) THE Act does not lay down any provision fixing the period within which a non-notified co-sharer has to apply for pre-emption.