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1966 Supreme(Cal) 132

K.C.SEN, A.C.SENGUPTA
KASHI NATH PAL – Appellant
Versus
UMAPADA PAL – Respondent


Advocates Appeared:
DHRUBA MUKHERJI, PURNA CHANDRA BASU

A. C. SEN, J.

( 1 ) THE present dispute relates to the pre-emption of Plot No. 1292 of khatian No. 87 of mouza Pashi Narayanpur, District Hooghly appertaining to an occupancy holding originally belonging to Dukhiram Pal, Ananda Pal and Jatindra Pal in equal shares. Dukhiram died leaving behind him his son Panchanan (opposite party No. 4), as his only heir; Ananda died leaving behind him his son Gopal (O. P. No. 5) as his only heir. Jatindra died leaving behind him a son Nimai and the widow Thakadamoyee. Nemai alone according to the petitioner, inherited 1/3rd share in the disputed Plot which is agricultural land. On 5-9-59 the pre-emptors (O. P. Nos. 1, 2, 3) purchased 1/3rd share of the disputed plot from Thakedamoyee by a registered kobala on the footing that on the death of Jatindra his widow Thakoda inherited 1/3rd share of the disputed plot. The remaining 2/3rd share of the disputed plot was purchased by the petitioner on 16-11-59 from opposite parties Nos. 4 and 5 by a registered kobala.

( 2 ) O. P. Nos. 1, 2, 3 filed an application under Section 26-F of the Bengal Tenancy Act for pre-empting 2/3rd share of the disputed plot purchased by the petitioner. The petitioner objec



























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