Judgment

RANGANATHAN, J.:- All these cases involve a common point which has been decided by a Full Bench of the Calcutta High Court reported as Madan Mohan Ghosh v. Shishu Bala Atta, AIR 1972 Cal 502. Civil Appeal No. 626/ 75 is a direct appeal from the judgment of the Full Bench in one of the batch of cases dealt with therein. In the other cases, the High Court has decided the matter by following the Full Bench decision and that is the subject-matter of appeal before this Court. Basically, the question is whether the right of pre-emption conferred on co-sharers under the Bengal Tenancy Act, 1885 (hereinafter referred to as the Tenancy Act), is available to the holders after their interests in the holding have vested in the Government under the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the 1953 Act). This question has been answered by the Full Bench (Coram: A.K. Mukherjea, Sabyasachi Mukharji and M.M. Dutt, JJ.) in the negative and it is the correctness of this conclusion that is assailed in these proceedings.

2. To provide a factual background it may be sufficient to set out the brief facts in C.A. No. 626/75. The respondent, Smt. Gangamoni Mondal, purcha