Law: East Bengal Non-Agricultural Tenancy Act (XXIII of 1949)

Section: Civil Revision Case No. 739 of 1959 (unreported) ref

East Bengal Non-Agricultural Tenancy Act (XXIII of 1949)-----   ------ S. 24-Expression "non-agricultural land held by a non-agricultural tenant" person taking lease of portion of tenancy-Not co-sharer in respect of remaining portion and no: entitled to pre-empt.   The expression "non-agricultural land held by a non-agricultural tenant" occurring in section 24 of the East Bengal Non-Agricultural Tenancy Act, 1949 has been used in the same sense in which the term "holding" has been used in section 26-F of the Bengal Tenancy Act, 1885 and thus refers to the non agricultural tenancy whereof a share or portion has been transferred. In other words the right of pre-emption conferred by section 24 of the East Bengal Non-Agricultural Tenancy Act, 1949 is confined to the co-sharers in the tenancy comprising the subject-matter of the disputed transfer. A lessee taking settlement of some land, even though that may be a portion of tenancy held by his lessor, establishes no connection whatsoever at all with the remaining portion of that tenancy. The subject-matter of his lease becomes a separate and independent unit and represents his 16 annas interest. He has thus no connection with the remaining interest of his lessor and cannot, therefore, be a co-sharer with respect thereto and is as such not entitled, under section 24 of the East Bengal N011 Agricultural Tenancy Act, 1949, to pre-empt the transfer of the remaining share made by the lessor in favour of a third party.   Civil Revision Case No. 739 of 1959 (unreported) ref. JUDGMENT   This Rule has been obtained by the pre-emptor petitioner and relates to a proceeding initiated by him under section 24 of the E. B. Non-Agricultural Tenancy Act. According to the petitioner he took 99 years' lease of one portion of a tenancy sometimes in t.9:)3 and on the same day also purchased the reserved rent in the benami of his-brother's wife Repu Bala. Subsequently on 17-6-57 the opposite-parties purchased the remaining portion of the tenancy but -notice of the transfer was not served upon him as required He, therefore, applied to pre-empt this sale, made in favour of the…