DEBENDRA NATH SEN Vs. GANENDRA NATH BERA

JUDGEMENT

(1.) This rule is directed against an order for pre-emption made by Mr. N.L. Shome, Subordinate Judge 2nd Court, Alipore, and dated 25-6-1947, passed in Miscellaneous Appeal No. 135 of 1947 affirming an order of Maulvi S. Ali Munsif, 1 Court, Diamond Harbour, passed in Miscellaneous Judicial Case No. 271 of 1946 (26F).

(2.) The facts shortly stated are that an occupancy holding recorded in R.S. Khatian No. 54 of Pargana Sunderbans District 24-Parganas was purchased in 1910 by three brothers Murari Mohan Bera, Hari Narayan Bera and Kedarnath Bera.

(3.) By a deed of partition dated 25-1-1926, between Murari Basanta Kumari, widow of Harinarayan, and Kedar Nath the said holding together with other lands was partitioned; the disputed holding was allotted only to Murari and Kedar Nath in demarcated shares.