( 1 ) THE present dispute relates to the pre-emption of plot No. 1292 of khatian No. 87 of mouza Paschim 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 Nemai and the widow Thakodamoyee. Nemai alone, according to the petitioner, inherited one-third share in the disputed plot which is agricultural land. On 5. 9. 59 the pre-emptors (opposite parties Nos. 1, 2 and 3) purchased one-third share of the disputed plot from Thakodamoyee by a registered kobala on the footing that on the death of Jatindra his widow Thakoda inherited one-third share of the disputed plot. The remaining two-third 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 ) OPPOSITE parties Nos. 1, 2 and 3, filed an application under Section 26f of the Bengal Tenancy Act for pre-empting two-third share of the disputed