Law:

Section:

(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 12th July 1960, in Civil Revision Case No. 297 of 1960.)   (a) East Bengal Non-Agricultural Tenancy Act (XXIII of 1949). S. 24(1), (11)-"Sub-lease"-"Lease" of tenancy by tenant is a "sub-lease", and is excluded from purview of S. 24 (1).   (b) East Bengal Non Agricultural Tenancy Act (XXIII of 1949), S. 24 (1), (11)-Transfer of tenancy by tenant-Transaction worded so as to appear to be a sub-lease-May be held to be pre-emptible "transfer" within meaning of S. 24(1)-[Transfer of tenancy for a consideration made up of premium Rs. 495 and only Annas. 8 as annual payment towards rent, transferor agreeing that he had ceased to have any right in property transferred, held to be not a sub-lease but a transfer pre-emptible under S. 24(1)].   (c) East Bengal Non-Agricultural Tenancy Act (XXIII of 1949), S. 24 (1)-Question whether a transfer falls under S. 24 (1) and so is pre-emptible-Relates to jurisdiction-Document of title Interpretation a question of jurisdiction-Civil Procedure Code (V of 1908), S. 115.   JUDGMENT   B. Z. KAIKAUS, J.-This appeal arises out of an application for pre-emption filed under section 24 of the East Bengal non Agricultural Tenancy Act. The appellant Paresh Nath Sikdar who was the applicant alleged in the application that respondents 5 and 6 had transferred their shares in the tenancy in dispute, in which the appellant himself was a co-sharer, to respondents 1 to 4. The property to which the tenancy related consisted of shops, godowns and tanks. Respondents 1 to 4 contested the application on the ground that the transfer in question was a lease and not a total assignment of the rights of respondents 5 and 6. The Munsif who tried the suit was of the opinion that the question was a difficult one and should be decided in a regular suit. He directed the appellant, therefore, to file a regular suit for a declaration that the deed in dispute embodied not a lease but a sale. An appeal was filed against the judgment of the Munsif before the District Judge by the appellant. The District…