CHAKRADHAR GHOSH MANDAL Vs. RAM RATAN PAL

JUDGEMENT

(1.) THIS rule under section 115 of the procedure Code (5 of 1908) obtained by the unsuccessful applicants for preemption under section 24 of the West, bengal Non-Agricultural Tenancy Act (20 of 1949) depends on the correct reading of the relevant khatians, aided a little by two sale-deeds. No wonder, therefore, that neither party calls oral evidence at the trial.

(2.) ON or about Septembr 30, 1966, one Bholanath Bhattacharjya, son of manindra Chandra Bhattacharjya, the sole recorded non-agricultural tenant in khanda khatian No. 333 of mouza khairakurhi, sold, for Rs. 999, his tenancy comprising three plots - 739, 740 and 740/1828 - recorded in his undivided hishya of 7 gandas and 2 karas, and bearirg a separate jama of 2 as and 2 pies, to Ram Ratan, Manmatha and shanti Ram, sens of Panchanan Pal. That led Chakradhar, Sasadhar, Kamala kanta, Radha Mohon and Madan Mohan, sons of Sudha Krishna Ghosh Mondal, to file the application they did on january 19, 1967, for pre-emption, on the allegation of their being co-sharers of bholanath, even though khanda khatian no. 333 records Bholanath alone as the tenant.

(3.) THEIR application fails in both the courts below, on the finding that cosharers they are not. Hence this rule.