Law: Bengal Tenancy Act (VIII of 1885)

Section: 26

(a) East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Part V read with Bengal Tenancy Act (VIII of 1885), S. 26-F - Pre-emption - Sales taking place prior to promulgation of Part V - Liable to pre-emption under S. 26-F, Bengal Tenancy Act, 1885. (b) Bengal Tenancy Act (VIII of 1885), S. 26-F-Pre-emption Right available even in respect of korfa tenancy.   JUDGMENT This Revisional application is directed against an appellate order passed by the Subordinate Judge, Additional Court, Jessore who has disallowed the claim for pre-emption by the petitioners which the learned Munsif, 3rd Court, Jessore had granted. The facts of the case are simple. The petitioners were Korfa tenants with regard to 14 acres of land appertaining to C. S. Plot No. 6566 of Mouza Japa, recorded in C. S. Khatian No. 2047. The original tenant in occupancy right was one Kasim Sarder who leased out 14 acres of land appertaining to the said plot to one Penchu Sarder and predecessor-in-interest of opposite-parties Nos. 5 to 11. The opposite-parties 5 to 8 are alleged to have sold '07 acre of land of the leased out land to Opposite -Parties 1 to 4 who are admittedly strangers to the Jama. The petitioners who are heirs of the said Panchu Sardar have filed an application for pre-emption which was allowed but was set aside on appeal as stated above. The sale took place on 6-7-63. Chapter V of the East Bengal State Acquisition and Tenancy Act came into force in the district of Jessore on and from 1-8-63. The application for pro-emption was presented on I1-11-63. The learned Munsif accepted the position that section 26-F of the Bengal Tenancy Act was not applicable but the application under section 96 of the East Bengal State Acquisition and Tenancy Act was maintainable in accordance with the ruling in the case of Huzzat Ali v. Imamuddin Bepari (13 D L R 819). The learned Subordinate Judge on appeal, however, held that on the statement of the facts it appeared that the tenancy of the applicants and transferor co-sharers was a Korfa and he held that as the sale in question was effected on 6-7-63 prior to coming into operation of section 96 of the E. B. S. A. and Tenancy Act…