Decided on August 26,1960

Fuljhari Bibi Appellant
Mosammat Rakia Khatun Respondents


- (1.) This Revision case has been referred to a Division Bench by Sen, J., because his Lordship was of the opinion that certain observations, in the decision in Hirendralal Sarkar v. Kanaklata Chaudhurani,1942 46 CalWN 849about transferability of a right of pre-emption required further examination.
(2.) The subject matter of the dispute, between the parties to this application, is a tank, recorded in c.s. plot No. 492, Khatian No. 159 of Mouza Dakshin Bamnigram, in the district of Birbhum. One Jahedunnessa Bibi had two annas share in the tank and by a heba-bil-ewaj executed on February 7, 1944, she transferred her two annas share to her daughter Kasima and her grand-daughter Maslima, each of them thus obtaining one anna share. Thereafter, on February 6, 1950, Kasima transferred her one anna share to her sister Aslima, by a heba-hil-ewaj. Maslima in her turn sold her one anna share in the tank to Fuljhari Bibi, Petitioner No. 1, on March 22, 1953. Fuljhari Bibi transferred a part of her said share to Tarimunnessa (Bibi, Petitioner No. 2, by a sale deed, dated December 9, 1954, and she sold her remaining share to Sabhed Ali, Petitioner No. 3, by a sale deed executed on December 29, 1954.
(3.) Thereafter, on February 2, 1955, Kasima and Maslima sold certain properties including a share of the tank, appertaining to the jote with a rental of Rs. 5-10-6, recorded in Khatian No. 159 to several persons including Rakia Khatun, opposite party No. 1 and Razia Khatun, Opposite party No. 2. Later on Aslima sold her share in the said tank to Rakia Khatun, Razia Khatun and Rajeka Khatun, the three opposite parties, by a deed, dated May 7, 1955.;

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