Judgment

GROVER, J.-This is an appeal by certificate from a Judgment of the Calcutta High Court arising out of a petition filed by the appellant under Section 26-F of the Bengal Tenancy Act, 1885 claiming a right of preemption over certain lands purchased by Respondent No. 1.

2. The facts may be briefly stated. On July 23, 1950, the appellant purchased certain portion of land in G. A. Dag No. 3605 of Mouza Kasba from the occupancy raiyats Respondents Nos. 2 and 3 and one Bhabesh Ghandra Kundu deceased. By another deed the appellant purchased from the said vendors another plot of land measuring 3-1/2 acres. By a Kabala, dated October 8, 1950 the said vendors sold 10 acres of land in the same Dag number to Respondent No. 1 for Rs. 2,700/-. The appellant filed an application before the Second Subordinate Judge, Alipore district 24 parganas under Section 26-F of the Bengal Tenancy Act claiming the right of pre-emption over the land purchased by Respondent No. 1. The latter took up the position that the appellant was not a co-sharer in the land which had been purchased by her and that he along with his uncle Dinabandhu Chatterjee had acted as brokers in the transaction and received Rs. 30