ASIT RANJAN DATTA Vs. TARAKESWAR SARKAR

JUDGEMENT

(1.) THIS rule under section 115 of the code of Civil Procedure (5 of 1908) is at the instance of Asit Ranjan Datta whose application for pre-emption under section 24 of the West Bengal non-Agricultural Tenancy Act, 20 of 1949, as amended by Act 24 of 1953. succeeds in the court of first instance, but falls in the court of appeal below,

(2.) ON August 31, 1962, Chittaranjsn ghosh alias Jiban Krishna Ghosh, a co-sharer in each of the two non-agricultural tenancies, sold parts thereof to tarakeshvar Sarkar. The parts so sold are, as evidenced by the relative sale deed :

(3.) THESE two khatians record what is called in settlement diction a samil khajana of a total sum of Rs. 99-2 as.-7 pies, linked with another khatian : khatian No. 178; at the same time each khatian has a distinct jama or khajna (rent) of its own: Rs. 3-6-6 pies. Naturally, therefore, plot No. 600, as it now stands, after bata plots have been carved out of it, with a total area of. 18 acre, appears in both the khatians, but in a hishya (settlement phraseology again) of 8 annas each, showing necessarily a moiety area (. 09 acre) in each too.