Anil Kumar Sen, J. - (1.) An application for pre-emption having been dismissed by the two Courts below though on different grounds, the pre-emptors have obtained this Rule challenging those orders.
(2.) The land in dispute measures 023 acres recorded in different plots appertaining to 6 different khatians namely, Khatian Nos. 2133 , 326, 1320, 1122, 357, and 468 of mouja Sikharbali, P. S. Baruipur, District 24 pargs. According to the pre-emptors the holdings recorded in the aforesaid khatians belonged to Rajani Pal and his co-sharers prior to the date of vesting and as an effect of the vesting Rajani acquired a separate tenancy in respect of his share which was inherited by his two sons Tarak and Bhairab. Tarak transferred his right, title and interest in favour of the pre-emptors and as such, the pre-emptors became co-sharers by purchase with Bhairab when Bhairab sold the disputed lands in favour of the pre-emptees on January 14, 1976. Hence, the pre-emptors claimed right of pre-emption in respect of the transfer in favour of the pre-emptees. The application as presented substantially made out a case for pre-emption under section 8 of the Land Reforms Act though it appears from the records that there was an alternative prayer for pre-emption under section 24 of the West Bengal Non-Agricultural Tenancy Act, which again appears to have been penned through.
(3.) The pre-emptees/opposite parties contested this application on various grounds raised in their objection including the grounds that they themselves being co-sharers, a transfer in their favour cannot be the subject-matter of pre-emption and also on the grounds that the land transferred not being agricultural there can be no pre-emption under the provision of section 8 of the Land Reforms Act. Incidentally it was claimed by the pre-emptees that the pre-emptors themselves being transferees like them, they cannot claim any right of pre-emption as against them.;