GADADHAR SARKHEL Vs. GOPAL CHANDRA DAS

JUDGEMENT

(1.) The petitioner and opposite parties 2 to 12 are the owners of a certain patni taluk. There is an occupancy holding under the said patni taluk held directly under the patnidars at a rent of Rs. 7-12-0. Opposite party 1 purchased 3/4 share of the same for Rs. 150. In the document of transfer pposite parties 2 to 11 and petitioner were named as the immediate superior landlords and the notice of the transfer was served on them on 16 December 1934. No such notice was served on oppesito party 12.

(2.) On 11 February 1935 the petitioner, who had a very small share in the patni feld his application for pre-emption. To the Said application he made opposite parties 2 to 12 parties on the footing they were the remaining co-sharer landlords of the said holding. The said application which was accompanied by the requisite deposits was registered as a miscellaneous case on 25 February 1935. Process fees for the service of notice of the application on all the opposite parties to the application, that is, for service of the notice of the application on the purchaser and on the remaining co-sharer landlords, was filed along with the application, but the Court overlooked the said fact and was under the wrong impression that the said fees had not been deposited. Accordingly it did not direct the issue of the notices and recorded on 30 March 1935, the following order in the order sheet. It appears that process has not been filed. Petitioner to file the same at once failing which the petition will stand rejected; fix 6 April 1935 for orders.

(3.) On 6 April 1935, the following order was passed: Process fee filed. Issue notice on the opposite party fixing 4 May 1935 for hearing.