KISHORI MOHAN PAL Vs. SUDHA MOYEE

JUDGEMENT

(1.) This Rule has been obtained by an applicant for pre-emption under Section 26-F, Bengal Tenancy Act. The petitioner is a co-sharer of a transferor who has transferred a part of the holding to the opposite party. The petitioner applied 'under Section 26-F for pre-emption & deposited the amount of consideration money mentioned in the notice provided for in Section 26-F together with compensation at the rate of ten per cent per annum. When the application came to be heard, the transferee alleged that after his transfer he had erected certain structures on the land & improved it & claimed compensation for such improvement. The petitioner objected to such claim. The learned Munsif has appointed a Commissioner to hold a local investigation & to report on the value of the structures & improvements made on the land. Against this order of local investigation the present Rule has been obtained by the petitioner.

(2.) It is argued on behalf of the petitioner that in proceedings under Section 2B-F the Court has got no Jurisdiction to award compensation to the transferee for any improvements made on the land after the transfer & his contention is that this order of the learned Munsif should be set aside.

(3.) On behalf of the transferee three contentions were raised. First, it is contended that the Munsif has jurisdiction under Section 26-F, Bengal Tenancy Act to allow compensation to the transferee for improvements effected by him & that therefore the order should not be interfered with. Secondly, it is contended that this order is an order passed under Section 26-F, Bengal Tenancy Act, & is appealable by reason of the provisions of Sub-Section (10) of Section 26-F & that consequently no application for revision under Section 115, Civ. P. C. would lie. Thirdly it was argued that the order being an interlocutory order, ordinarily the Court will not interfere with it on revision under Section 115, Civ. P. C. & that if the Court does exercise its revisional powers it will do so only when failure to exercise such power would result in irreparable injury & denial of justice.