BIDYUT BARAN DE Vs. NITYANANDA DAS

JUDGEMENT

(1.) THESE three Rules raised a short question, they arise out of three pre-emption proceedings, which were started under the following circumstances :

(2.) ONE Krishnamoyee had four annas share in the occupancy raiyati holding of Khatian No. 15 of Mouza jashpur, the remaining 12 annas share belonging to two brothers Debendra and Nagendra. Krishnamoyee sold two annas, out of her four annas share in the above jote, to one Probhas Chandra pal on March 31, 1942 and thereafter her remaining two annas share in the said jote devolved by inheritance on hem Chandra Dutta. Probhas sold the above property, purchased by him from krishnamoyee, to Bidyut Dey and his father Hrishi on September 29, 1956.

(3.) IT appears that Debendra made a gift of his six annas share in the above jote to the sons of his brother nagendra on January 25, 1946, and thereupon the three sons of Nagendra acquired a total share of twelve annas in the said jote. On January 31, 1956, they sold their above share to one sakhi. Eventually the three pre-emption applications, relevant for consideration in these proceedings, were filed by Hem (Misc. Case No. 109 of 1957), bidyut and his father Hrishi on August 14, 1957 (Misc. Case No. 73 of 1957) and sakhi on January 28, 1957 (Misc. Case no. 14 of 1957 ).