Law:

Section:

(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 Judge found on a perusal of the document in dispute that it was a lease and did not effect a sale. Accordingly he dismissed the appeal. The present appellant then took up the matter in revision to the High Court under section 115,…

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