FULJHARI BIBI Vs. MOSAMMAT RAKIA KHATUN
HIGH COURT OF CALCUTTA
Mosammat Rakia Khatun
Referred Judgements :-
GOVENDA DAYAL V. INATYATULLA
HIRENDRALAL SARKAR V. KANAKLATA CHAUDHURANI
<RC>LAWSUIT(CAL) 1960 0 313;ILR(CAL) 1961 2 401;</RC>
HIGH COURT OF CALCUTTA
<JGN>BINAYAK NATH BANERJEE,AMARESH ROY</JGN>
MOSAMMAT RAKIA KHATUN
<AT>CIVIL RULE 678 OF 1958</AT>
BENGAL TENANCY ACT,1885 SEC 26C;BENGAL TENANCY ACT,1885 SEC 26F;
<ACT>BENGAL TENANCY ACT,1885</ACT> <S>S.26C</S><ACT>BENGAL TENANCY ACT,1885</ACT> <S>S.26F</S>
<ACT>TRANSFER OF PROPERTY ACT</ACT><S>S.6(D)</S>
<ADV>LALA HEMANTA KUMAR,MANICK CHANDRA BANERJEE,SUKUMAR SEN,DWIJENDRA NARAIN GHOSH
ASMAT ALI V. MUJAHAR ALI
GOSTHA DAS V. RAJABALA DAI
AUDH BEHARI SINGH V. GAJADHAR JAIPURIA
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(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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