GIRIJA NATH KUNDU Vs. AHAMADALI SARDAR

JUDGEMENT

(1.) In this case an application for preemption was allowed by, both the Courts below but it is contended that the order was wrong having regard to the circumstances of the case which are briefly as follows:

(2.) On 25-3-1942, a share in a certain holding was transferred by the heirs of Umar Sardar to Pramatha Nath Kundu for a consideration of Rs. 500. Subsequently, on 28-6-1943, this same share was transferred by Pramatha Nath Kundu to the petitioner Girija Nath Kundu for the sum of Rs. 1000. On 16 7-1943, the co-sharer tenants applied for the pre-emption of the transferred property under Section 26F, Bengal Tenancy Act, as against Pramatha Nath Kundu. This person subsequently informed the Court by a petition dated 4-9-1943, that the property in respect of which pre-emption was sought had already been transferred to Girija Nath Kundu on 28-6-1943. Thereafter the co-sharer tenants made Girija Nath Kundu a party to the proceedings and ultimately obtained an order allowing their application for pre-emption and a direction to the effect that the amount of Rs. 550, which had been deposited by them on 16-7-1943, under the provisions of 26F(2), Bengal Tenancy Act, should be paid to Girija Nath Kundu.

(3.) The main contention of the petitioner in this case is that it was not competent for the Courts below to allow pre-emption on the basis of the transfer to Pramatha Nath Kundu on 25- 3-1942, because he (Girija) had subsequently bought the property from Pramatha Nath Kundu, and this being the case, he contends that preemption proceedings, if any, should have been taken by the co-sharer tenants in respect of the conveyance dated 28-6-1943, and that the petitioner should have deposited the sum of Rs. 1100 under Section 26F(2) of the Act which would have been available to Girija Nath Kundu if the application for pre-emption had ultimately been allowed.