Banerjee, J. - (1.) The petitioner says Chat one Radha Ranjan Saha and be himself were co-sharer tenants in respect at C. S. Plot No 503 of Khatian No. 90. in Mouza Kumardanga, District Birbhum. On the death of Radha Kanjan, his widow Nirmala Bala succeeded him. She sold her share in the aforementioned plot to opposite party 1 to 3, certain strangers, by a deed dated January 30, 1959, without notice to the petitioner. The petitioner says that his status in the ptol of land was that of an occupancy raiyat and that he became entitled to exercise his right of pre-emption against the sale, under Section 26-F of the Bengal Tenancy Act Since admittedly no notice under Section 26-C of the Bengal Tenancy Act had been served upon the petitioner and since the petitioner had no exact information about the sale before he took out a certified copy of the deed of sale, on April 13, 1959, he could not apply for pre-emption before April 18, 1959.
(2.) There was a written objection tiled to the application for pre-emption by opposite party, No. 1 to 3, in which it was, inter alia, pleaded:- (a) that the tenancy was not governed by the Bengal Tenancy Act and as such the application under Section 26-F was not maintainable; (b) alternatively, pursuant to an agreement to reconveyance, the opposite party Nos. 1 to 3 re-conveyed the property to Nirmala Bala on April 9, 1959, and had the document of reconveyance registered on May 11, 1959. Since the property no longer stood conveyed to strangers, the claim for pre-emption should fail; (c) the claim was barred by limitation.
(3.) After the filing of the objection, the present petitioner amended his application for preemption in the following mannen (i) added Nirmala Bala as opposite party No. 4 to his application, (ii) made an alternative prayer for pre-emption under Section 24 of the West Bengal Non-Agricultural Tenancy Act.;