Decided on July 28,1972

GOPAL DAS Respondents


M.M.Dutt, J. - (1.)This Rule has been referred to the Special Bench by a Division Bench of this Court consisting of P. N. Mookerjee and A. K. Dutt, JJ. under Chapter II, Rule 1, proviso (ii) of the Appellate Side Rules for the decision of the question as to the effect of the West Bengal Estates Acquisition Act, 1953 including the Rules made thereunder, and the West Bengal Land Reforms Act, 1956 on the provisions, relating to pre-emption, in the Bengal Tenancy Act. As the reference has been made under the above provisions of the Appellate Side Rules, the entire case has to be disposed of by the Special Bench.
(2.)The question, as formulated by the Division Bench consists of two parts, namely, (1) the effect of the West Bengal Estates Acquisition Act and the Rules made thereunder on the provisions relating to pre-emption in the Bengal Tenancy Act, and (2) the effect of the W. B. Land Reforms Act on the said provisions. The question obviously refers to the provision for pre-emption under Section 26-F of the Bengal Tenancy Act. The question, in both parts, has been decided by us and is covered by our judgment delivered today, in the Full Bench Reference No. 1 of 1968 consisting of a group of Revision Cases.
(3.)In the instant case, the transfer took place on March 5, 1963 and the application for pre-emption was made by one Kalipada Das, the predecessor-in-interest of the opposite parties Nos. 1 to 3, on June 24, 1963. The trial Court allowed the application and on appeal, the learned Additional District Judge affirmed the order of the trial Court. In view of our decision in the aforesaid Full Bench Reference No. 1 of 1968, after Chapter VI of the West Bengal Estates Acquisition Act came into force, Kalipada Das ceased to be a co-sharer and his application for preemption under Section 26-F was no longer maintainable. On this ground alone, this Rule must succeed.

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