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1956 Supreme(Cal) 93

BACHAWAT
KIRITI BHUSHAN SAHA MANDAL – Appellant
Versus
TARUBALA DASI – Respondent


Advocates Appeared:
AMULYA KUMAR MUKHERJEE, BALAI LAL PAL, LALA HEMANTA KUMAR

BACHAWAT, J.

( 1 ) THIS revision petition arises out of an application for pre-emption under Section 24 of the West Bengal Non-Agricultural Tenancy Act. By a kobala Ext. A dated 17th July, 1952 one Dhani Bala sold in favour of the opposite party four annas share of her interest in C. S. plot No. 2515 of C. S. Khatian No. 15, mouja Purandarpur. The applicant for pre-emption has 12 annas share in the property sold by Ext. A.

( 2 ) EXT. 2 khatian shows that plot No. 2515 is part of a tenure with land of a total area of 177 decimal of which plots 2513 and 2515 cover 18 decimal and are khas lands of tenure holders. Plots Nos. 2513 are recorded as bhiti and the rest as tenanted.

( 3 ) BOTH Ext. 2 as also the kobala show that the interest of Dhani Bala is that of "madhya Sattadhikari Niskardar" "madhya Satta" clearly means and signifies a tenure. The term is used for the technical word tenure only; see Guide and Glossary to Survey and Settlement Records in Bengal, 1917.

( 4 ) PRIMA facie Dhani Bala's interest is that of a tenure-holder within the meaning of the Bengal Tenancy Act. The presumption arising from the record-of-rights that Dhani Bala is a tenure-holder has not been rebutte






















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