( 1 ) THIS Rule arises out of a proceeding for pre-emption under Section 24 of the West Bengal Non-Agricultural Tenancy Act, 1949. The opposite parties were the pre-emptors and the petitioner the pre-emptee.

( 2 ) THE learned trial Judge allowed the application for pre-emption subject to payment of compensation, amounting to Rs. 400/-, to the petitioner for the alleged improvements, effected by him in the disputed land since his purchase.

( 3 ) THE lower appellate court dismissed the petitioner's appeal against the aforesaid order of the learned trial Judge, allowing pre-emption in favour of the opposite parties, and upheld the said order for pre-emption. It also allowed the opposite parties' cross-objection against the grant of compensation by the learned trial Judge and dismissed the petitioner's claim in that respect.

( 4 ) THE petitioner then obtained the present Rule, challenging the preemption order in question and disallowance of compensation.

( 5 ) IN support of the Rule, several points were urged by Mr. Lala. The principal point, however, was the question of the vires of Section 24 of the West Bengal Non-Agricultural Tenancy Act, which was challenged on the ground that

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