PROFULLA CHANDRA GANGOPADHAYA Vs. RAJ MOHAN DAS

JUDGEMENT

(1.) AN occupancy holding was sold in execution of a decree on 9 April 1938. Notice of this transfer was served upon the petitioner on 12 August 1938. The Bengal Tenancy (Amendment) Act of 1938 by which Section 26-P was amended came into operation on 1st August 1938. The petitioner filed an application for preemption under Section 26-F on 22nd September 1938. The learned Munsif before whom this application was filed has come to the conclusion that as the machinery for enforcing the right of pre-emption has already been taken away by the amending Act which came into operation before the application for pre- emption was filed, he had no jurisdiction to entertain that application. He accordingly rejected the application. Hence this Rule was obtained by the petitioner. It is clear that Section 26-F which has now been amended provided also for a procedure according to which the right of preemption had to be exercised. That procedure has now been abrogated. The Munsif, therefore, could not entertain the application for pre-emption under that procedure. The question as to whether after the amendment of Section 26-F the right of pre-emption still survives and can be enforced by a suit in the ordinary Civil Court is a matter on which we express no opinion. The rule is accordingly discharged, but there will be no order as to costs. Rau, J.

(2.) I agree.