UMA SHANKAR NAYAK SAHA Vs. USHARANI LAHA

JUDGEMENT

(1.) This Rule was obtained by the Petitioners against an order of the learned Judge of the Court of Appeal below, affirming an order of the learned trial Judge, allowing the opposite party No. 1's claim for pre -emption. Shortly stated, the relevant facts stand as follows:

(2.) One Dasharathi Makal, since deceased, was the recorded tenant of .046 acre of land in C.S. plot No. 5538, khatian No. 2471, mouza Srirampur, district Hooghly. The said Dasharathi died in or about the year 1946 leaving his widow, Saralabala, who is opposite party No. 2 in the present Rule, as his sole heiress and legal representative. The said opposite party No. 2 sold to the present opposite party No. 1 .016 acre of land out of the aforesaid .046 acre by a kobala dated April 7, 1955. Thereafter there was a partition between opposite parties Nos. 1 and 2 in respect of the above land. Opposite party No. 2 subsequently transferred the land or portion of the above .046 acre, which came to her on such petition to the present Petitioners by a kobala dated August 1, 1959. For pre -empting this sale opposite party No. 1 filed the present application.

(3.) The above claim was resisted on the ground, inter alia, that opposite party No. 1, who was the claimant for such pre -emption, was not entitled to the same under the law, namely, Sec. 24 of the West Bengal Non -Agricultural Tenancy Act, as the property sold was the separate property of opposite party No. 2. There were also other objections taken, viz., that the pre -emption money, deposited for the purpose by the said opposite party No. 1, was insufficient and on the basis of the same no pre -emption could be allowed and, further, that the opposite party No. 2 had a right of residence in the disputed property under or in view of Ex. A, and also a claim for her maintenance under or in view of Ex. B.