ASMATALI SHARIP Vs. MUJAHARALI SARDAR

JUDGEMENT

(1.) This Rule is directed against an appellate judgment of K.M. Islam Esq., and Sub-Judge, Barisal dated 24 March 1946 by which he affirmed an order of dismissal made by the Munsif 5 Court of that place, of an application, presented by the petitioner Under Section 26(f), Bengal Tenancy Act.

(2.) The facts material for our present purposes lie within a short compass and may be stated as follows:

(3.) There are two occupancy holdings recorded in Khatians 12 and 38 of a certain mouza, which belonged jointly to the petitioner and opposite parties 4-7. On 23 January 1942, the opposite parties 4 and 5 transferred their interest in both the holdings by way of out and out sale to opposite parties 1-3, the consideration money being stated to be Rs. 100 in one of the kobalas and Rs. 200 in the other. It is admitted that no notice Under Section 26(c)(4), Bengal Tenancy Act was served upon the petitioner. On 16 December 1943, the petitioner presented an application for purchase of the share conveyed to opposite parties 1-3 Under Section 26(f), Bengal Tenancy Act, and it was stated in the application that he came to be aware of the sale for the first time on 30-11-1943. The application was resisted by the purchasers on a two fold ground. It was said in the first place, that the applicant was not a co- sharer tenant and hence had no locus standi to present the application. The other ground taken was that the application was time barred.