Law:

Section: 27

Bengal Tenancy Act (VIII of 1958), S. 27-F-Pre-emption-Co-sharer Pre-emptor ceasing to be co-sharer during pendency of proceedings-Proceeding must fail. JUDGMENT   This revisional application is directed against the appellate order of Mr. A. B. Khan, Subordinate Judge, Ranopur, confirming an order passed by the Munsif, Nilphamari, allowing at appli cation for pre-emption filed by the opposite-party No. 1.   Opposite-party No. 1 Tasaruddin claimed to be a co-sharer by a purchase, dated12-1-56 from opposite-party No. 2 Kalu Mamud of the raiyati holding recorded in Khatian No. 223. Kalu sold to the present petitioner 61 acres of land of the holding on 7-12-57 and the present application for pre emption is in respect of the sale of the said land.   The application for pre-emption was resisted by the present petitioner on the ground,amongst others, that one Jayeda Khatun had filed an application for pre-emption of the land purchased by Tasaruddin and during the pendency of that proceeding Tasaruddin's application for pre-emption could not be entertained.   Both the Courts below have held against the present petitioner.   Mr. Abu Hossain Sarkar, who appears for the petitioner, contends that, as the application filed against Tasaruddin has been allowed and he has no interest in the holding now, his application for pre-emption should be dismissed. The application against. Tasaruddin was allowed on 30-1-58 and the present application for pre-emption was disposed of the Trial Court on 25-6-58 and the appeal against that order was dismissed on 31-5-60.   The question that arises, therefore, is: whether Tasar uddin can pre-empt the landpurchased by the…