Sudhanshu Shekhar Ganguly, J. - (1.) The facts leading to the present applications under Article 227 of the Constitution of India are the following: The opposite parties Nos. 4 to 6 and Kenaram, the predecessor of the opposite parties Nos. 1 to 3 purchased half of the disputed tank and its embankments from the opposite party No. 7 by a registered deed dated May 12, 1975. The opposite party No. 7 having sold the remaining 1/8th and 3/8th of the disputed property to the Petitioners in the two rules on May 26, 1975 and June 27, 1977, respectively; Kenaram and opposite parties Nos. 4 to 6 started cases under Sec. 24 of the West Bengal Non -agricultural Tenancy Act for purchasing up the said shares by pre -emption. The defence apart from others was that the disputed property formed part of an agricultural holding. The learned Munsif overruled the objection and allowed the Misc. Cases holding that the disputed property appertained to a non -agricultural tenancy. The Appeals from the decision of the learned Munsif were dismissed. Hence these revisional applications.
(2.) It is urged from the side of the Petitioners that the provisions of West Bengal Non -agricultural Tenancy Act cannot have any further application to the facts of this case. It is pointed out that under the definition of 'land' as per Sec. 2(7) of the West Bengal Land Reforms Act, as it stood after the coming into effect of the West Bengal Land Reforms (Amendment) Act of 1972, tanks were specifically excluded. Therefore, a tank could be considered as non -agricultural land.
(3.) The definition of 'land', however, was changed by new Sec. 2(7) inserted by the West Bengal Land Reforms (Amendment) Act, 1981, which has come into operation with retrospective effect from August 7, 1969. The new amended definition of 'land' includes tanks. It is also pointed out that under the provisions of the new Sec. 3A inserted by the West Bengal Land Reforms (Third Amendment) Act, 1986, which came into force on May 12, 1989, with retrospective effect from September 9, 1980, Non -agricultural tenants have seized to exist and they have been transformed into raiyats, presumably under the West Bengal Land Reforms Act. It is urged that in the circumstances stated the impugned orders passed by the learned Munsif and as confirmed by the learned Appellate Court cannot be supported.;